Justice Department May Invoke State Secrets in Trump-Era Deportation Drama

The Justice Department is contemplating the use of the state secrets privilege in a tense legal battle over deportation flights to El Salvador initiated during the Trump administration. This move could allow the government to keep certain details under wraps, citing national security concerns.

U.S. Deputy Attorney General Todd Blanche informed U.S. District Court Judge James Boasberg about high-level discussions surrounding the invocation of the privilege. Blanche emphasized the gravity of such a decision, stating it requires "careful consideration of national security and foreign relations" and cannot be rushed in a mere 24-hour timeframe.

Judge Boasberg had previously set a deadline for the administration to provide details on deportation flights that occurred over the weekend. These flights prompted an emergency court order temporarily halting the deportation of Venezuelan nationals, including alleged gang members of Tren de Aragua.

Instead of the requested information, Boasberg received a six-paragraph declaration from a regional ICE officer, which mentioned the potential invocation of the state secrets privilege. Unsurprisingly, Boasberg was less than impressed, calling the declaration "woefully insufficient" and demanding input from higher-ranking officials.

Adding to the drama, government attorneys are scheduled to appear in court to discuss motions to vacate the case, even as the administration continues to dodge the judge's requests for detailed flight information.

At the heart of this legal tug-of-war is whether the government violated Boasberg’s emergency restraining order by deporting Venezuelan nationals using a 1798 wartime law. Despite the judge’s explicit directive to halt deportation flights and return any planes already in the air to U.S. soil, at least one plane carrying hundreds of migrants landed in El Salvador. Salvadoran President Nayib Bukele's cheeky reaction, "Oopsie, too late," posted on X, added a touch of international sass to the ordeal.

Boasberg had earlier warned of consequences for violating his order and demanded a detailed breakdown of the flights: number of planes, passenger count, departure times, and landing locations. The Trump administration, meanwhile, is challenging the restraining order in appellate court.

So far, the Justice Department has kept its cards close to its chest, continuing to cite national security as a reason for withholding details about the flights. But with Boasberg’s patience running thin, this high-stakes legal battle is shaping up to be a showdown between transparency and state secrecy.