Justice Department will invoke state secrets act on high-profile deportation case

The Justice Department’s decision to invoke the state secrets privilege in the ongoing court battle over the deportation of Venezuelan nationals to El Salvador has sparked controversy and raised concerns over national security and foreign affairs. In a 10-page court filing submitted to U.S. District Judge James Boasberg, Attorney General Pam Bondi and other senior Trump administration officials asserted that disclosing certain information would pose a “reasonable danger” to national security.

The court filing emphasized that the Executive Branch has all the necessary facts to address compliance issues and cautioned against further intrusions on the separation of powers, particularly in matters concerning diplomatic and national security concerns that the court may lack competence to address.

The news of the state secrets privilege invocation comes as Judge Boasberg has been pressing government lawyers for more information regarding deportation flights that sent around 261 migrants, including Venezuelan nationals and members of the gang Tren de Aragua, from the U.S. to El Salvador. The flights took off around the time Boasberg temporarily blocked the Trump administration from using the Alien Enemies Act to deport Venezuelan nationals.

However, despite the court order, planes carrying hundreds of migrants, including Venezuelan nationals removed under the Alien Enemies Act, arrived in El Salvador. This prompted Boasberg to order both parties back to court to testify on the removals and whether the Trump administration knowingly defied his order.

The Justice Department’s reluctance to comply with Boasberg’s requests for information, citing national security protections, has further escalated tensions. Boasberg warned of consequences if the administration continued to violate his order and gave them the option to file information under seal or invoke the state secrets privilege.

The Trump administration’s assertion that a federal judge lacks the authority to rule on national security and immigration matters has put Boasberg and his ruling at odds with the administration. The case was appealed to the U.S. Court of Appeals in D.C., where a three-judge panel declined to immediately rule on the matter, with a decision expected soon.

Attorney General Pam Bondi has vowed to appeal the case to the Supreme Court if necessary, underscoring the high stakes involved in this legal battle. The outcome of this case could have far-reaching implications for national security, immigration policy, and the balance of power between the branches of government. As the legal proceedings continue, the controversy surrounding the deportation of Venezuelan nationals to El Salvador remains a contentious issue that is likely to garner significant attention in the coming days.