Attorney General Pam Bondi and top Justice Department officials are considering invoking the state secrets privilege to block a federal judge from viewing specific information about two deportation flights of alleged Tren de Aragua gang members. The Justice Department criticized Judge James Boasberg for demanding detailed information about the flights, arguing that it would interfere with the President’s powers under the Alien Enemies Act and his inherent Article II powers.
Boasberg, who blocked the flights and ordered them to be turned around, requested detailed information about the flights and deportation operations. The Justice Department criticized Boasberg for micromanaging immaterial fact-finding and argued that disclosing operational information could have serious repercussions for the Executive Branch’s ability to conduct foreign affairs. The federal civil lawsuit against Trump and other administration officials was filed by five Venezuelan men in immigration custody.
Despite Boasberg’s ruling, 261 people were deported to El Salvador, with 137 removed under the Alien Enemies Act over alleged gang ties. The Justice Department has appealed the case to the D.C. Circuit Court of Appeals, and lawyers representing the Venezuelan migrants suing the Trump administration warned that allowing the president to designate any group as enemy aliens without review could have significant implications.
