Justice Dept. may invoke state secrets privilege in Alien Enemies Act deportation case

Attorney General Pam Bondi and top Justice Department officials are considering invoking the state secrets privilege to prevent a federal judge from obtaining specific information about two deportation flights of alleged Tren de Aragua gang members, according to court filings from Wednesday. The government’s stance on this matter was highlighted in a filing that criticized D.C. District Chief Judge James Boasberg for his insistence on detailed information about the flights. In the filing, the Justice Department, led by Bondi and Deputy Attorney General Todd Blanche, along with officials Emil Bove and Chad Mizelle, expressed frustration at the judge’s demands, stating that it was unnecessary and obstructive to the legal issues at hand.

The government argued that Judge Boasberg’s requests for information regarding the deportation flights constitute a violation of the President’s powers under the Alien Enemies Act and his inherent Article II powers. The Alien Enemies Act of 1798 allows for the summary arrest, detention, and deportation of foreigners without the usual due process protections afforded under U.S. immigration law. President Trump invoked this act to send two planes to El Salvador on Saturday, a decision that was met with resistance from Judge Boasberg who attempted to block the flights.

Despite the judge’s efforts, the planes landed in El Salvador as they were already in international airspace when the order was issued. The Justice Department argued that disclosing operational information about the flights could have serious repercussions for the Executive Branch’s ability to conduct foreign affairs, as it may implicate the affairs of U.S. allies and their cooperation in counterterrorism efforts.

Judge Boasberg, unsatisfied with the government’s lack of transparency regarding the flights, ordered them to provide detailed information about the flights by a specified deadline. Bondi criticized the judge for what she deemed as unnecessary micromanagement of irrelevant details, arguing that it diverted attention from the legal issues at stake in the case.

The ongoing legal battle stems from a federal civil lawsuit filed by five Venezuelan men in immigration custody in Texas and New York, seeking to prevent their deportation under the Alien Enemies Act. Boasberg’s ruling temporarily halted the deportations for 14 days, pending an appeal by the Justice Department to the D.C. Circuit Court of Appeals.

The case has raised concerns about the broad implications of the government’s use of the Alien Enemies Act, with lawyers representing the Venezuelan migrants warning that unchecked use of this power could lead to arbitrary detention of individuals without proper legal recourse. Despite the legal challenges, the Trump administration has deported a significant number of individuals to El Salvador, with plans to deport more alleged Tren de Aragua gang members in the near future.

In conclusion, the legal battle surrounding the deportation flights and the use of the Alien Enemies Act underscores the complexities of balancing national security interests with constitutional protections for individuals facing deportation. The outcome of this case will likely have far-reaching implications for the treatment of foreign nationals in the United States under similar circumstances.