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Thursday, March 27, 2025

Trump administration withholds details on deportation flights citing state secrets privilege

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Jan Appling Secretary | DeKalb County Republican Party

Jan Appling Secretary | DeKalb County Republican Party

The Department of Justice under the Trump Administration has invoked the State Secrets Privilege, informing Judge James E. Boasberg that no further information will be provided regarding deportation flights. This decision comes amidst ongoing legal scrutiny over the administration's use of the Alien Enemies Act to deport Venezuelan individuals deemed dangerous.

Judge Boasberg, appointed during President Obama's tenure, has expressed concerns about this application of the Alien Enemies Act, describing it as "incredibly troublesome and problematic." He warned of potential consequences should his orders be violated in future actions.

On Monday evening, in response to what it considered intrusive judicial inquiries, the DOJ declared its stance on withholding further details. “The Executive Branch hereby notifies the Court that no further information will be provided in response to the Court’s March 18, 2025 Minute Order based on the state secrets privilege and the concurrently filed declarations of the Secretary of State and the Secretary of Homeland Security,” stated an official DOJ communication.

Attorney General Pam Bondi asserted that President Trump possesses full authority under Article II to remove designated terrorists from U.S. soil. The DOJ emphasized that this authority is supported by longstanding statutes aimed at addressing threats posed by state-sponsored terrorism.

“This is a case about the President’s plenary authority," said Bondi, "derived from Article II and reinforced by longstanding statute, to remove from the homeland designated terrorists participating in a state-sponsored invasion... Further intrusions on the Executive Branch would present dangerous and wholly unwarranted separation-of-powers harms."

In its firm stance against providing additional data on deportation flights, the DOJ argued: “No more information is needed to resolve any legal issue in this case... The need for additional information here is not merely 'dubious,' or 'trivial,' it is non-existent."

Earlier in proceedings on Monday, Judge Boasberg denied a request from the Trump Administration to lift a temporary restraining order (TRO), though he did propose converting it into a preliminary injunction. Additionally, he noted that deported individuals deserve individual hearings before such measures are enacted.

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