Judge Accuses Government of Obstructing Deportation Inquiry
A U.S. federal judge accused the government of “evading its obligations” to provide answers regarding the weekend deportations of individuals alleged to be Venezuelan gang members.
Deadline Set for Information on Venezuelan Deportations
Judge James Boasberg of the Washington D.C. federal court, issued a Thursday deadline for Justice Department lawyers to furnish details about the government’s deportation of Venezuelans to El Salvador via aircraft.
State Secrets Privilege Claimed
In response, the Justice Department submitted a six-paragraph declaration from an immigration official stating that cabinet secretaries were contemplating invoking state secrets privilege. The requested flight information was not disclosed.
Boasberg previously instructed the government to halt the deportation flights. However, the White House stated that the aircraft had already departed.
The declaration, originating from a regional Immigration and Customs Enforcement (ICE) official, reiterated information already disclosed.
Government responses indicated the need for more than 24 hours to deliberate on whether to “invoke the state secrets privilege,” a measure that permits the government to withhold sensitive national security information in legal proceedings.
Judge Frustrated by Government Response
Boasberg expressed apparent frustration with this justification.
Boasberg wrote, “Firstly, the Government cannot present a regional ICE official to testify about Cabinet-level discussions concerning state secrets privilege. Indeed, his declaration on this matter is, unsurprisingly, solely based on his unsubstantiated ‘understanding.'”
Demand for High-Level Update
Boasberg has now set a Friday deadline for the Trump administration to provide an update from an individual directly involved in these discussions.
Background: Deportations Under Alien Enemies Act
This past weekend, the Trump administration invoked the rarely utilized Alien Enemies Act and deported over 200 Venezuelans, alleging that almost all were affiliated with the Tren del Agua gang.
Boasberg had verbally ordered the flights to be halted and any in progress to be turned back. On Monday, Boasberg requested clarification from the Trump administration’s lawyer regarding why the flights had not returned to the U.S.
Hearing Scheduled
A pre-scheduled hearing concerning the application of the Alien Enemies Act will be held on Friday.