Trump administration considers invoking 'state secrets privilege' for deportation flights

FILE-US Air force flight carrying deported migrants by the US government arrive at Ramon Villeda Morales International Airport on January 31, 2025 in San Pedro Sula, Honduras. (Photo by Jorge Salvador Cabrera/Getty Images)

The Trump administration is mulling whether to invoke a "state secrets privilege" related to deportation flights. This is in response to a judge’s inquiry about these flights carrying Venezuelan immigrants to El Salvador. 

Judge requests information on deportation flights

What we know:

Chief Judge James Boasberg ordered the Trump administration to either provide more details about the deportation flights or explain a claim that disclosing the information would harm "state secrets."

RELATED: 'Deportation flights have begun' as Trump sends 'strong and clear message,' White House says

Deputy Attorney General Todd Blanche stated in a court filing obtained by the Associated Press that there are "ongoing Cabinet-level discussions" about Boasberg’s demand for more information. The AP reported that government lawyers filed Blanche's sworn statement hours before the judge was scheduled to hold a hearing for the case on Friday in Washington, D.C. 

What we don't know:

It’s uncertain if the Trump administration will comply with Boasberg’s information request. According to the AP, the administration has resisted the judge’s demand, calling it an "unnecessary judicial fishing" expedition. Boasberg dismissed the response, referring to it as "woefully insufficient."

Trump administration deportation flights

Dig deeper:

The Trump administration has transferred hundreds of Venezuelan immigrants to El Salvador under the Alien Enemies Act, an 18th century law created to give a president wide powers to imprison and deport noncitizens in a time of war. 

RELATED: Roberts rejects Trump’s call to impeach judge over deportation ruling

Flights were in the air on March 15 when Boasberg issued an order temporarily barring the deportations and ordered planes to return to the U.S.

President Donald Trump and several Republicans have called for impeaching Boasberg. However, Supreme Court Chief Justice John Roberts said, "impeachment is not an appropriate response to disagreement concerning a judicial decision," the AP noted.

The Source: Information for this story was provided by the Associated Press, which offers background on the deportation flights and cites a court filing ahead of a hearing related to the flights.  This story was reported from Washington, D.C.


 

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