WASHINGTON — In a recent clash over deportation practices, the Justice Department has challenged a federal judge’s demand for further details regarding flights carrying deportees to El Salvador. The department criticized the court’s “continued intrusions” into executive branch functions, suggesting that such actions should cease.
This dispute forms part of a broader conflict between the Trump administration and U.S. District Judge James E. Boasberg, who temporarily halted deportations under a proclamation dating back to the 18th century. This scenario has escalated tensions, with President Trump calling for the judge’s impeachment following setbacks by the judiciary concerning his executive measures.
Judge Boasberg, appointed by former President Obama, had instructed the administration to provide specific undisclosed information. His inquiry focused on flight schedules and the number of deportees involving a controversial presidential decree.
The judge questioned whether the administration had defied his order to redirect planes carrying deportees bound for a Central American facility, known for housing detainees in a notorious prison.
In response, the Justice Department, shortly before its deadline, argued that the judge’s requests significantly infringe on the fundamental executive powers surrounding national security and foreign policy. The department signaled it may invoke the “state secrets privilege” to justify withholding certain details.
The Justice Department’s submission argued, “The underlying premise of these orders… assumes the Judicial Branch supersedes the Executive Branch, particularly concerning non-legal matters like foreign affairs and national security. The Government opposes this view.” They further stressed the co-equal status of the branches and demanded an end to judicial interferences.
Judge Boasberg later extended the deadline, granting the administration until Thursday at noon to furnish the requested details or substantiate withholding due to potential “state secrets” risks. He criticized the administration’s portrayal of his inquiry as baseless and aimed to verify if his order for flight redirections was intentionally ignored, assessing necessary repercussions.
The judge also contended that providing this information shouldn’t threaten “state secrets,” given some details have already been disclosed publicly by officials.
President Trump had invoked the Alien Enemies Act, rarely used in U.S. history and always amid congressionally declared wars, citing an alleged invasion by a Venezuelan gang, Tren de Aragua.
Boasberg’s order prevented deportations under this law, requesting compliance from the administration amid reports of flights to El Salvador. The judge emphasized urgent communication, requesting immediate action to halt departures and return any airborne flights.
Despite his directives, President Nayib Bukele of El Salvador confirmed the deportees’ arrival, with a light-hearted remark acknowledging the judge’s original order.
The administration maintains that it’s beyond the judiciary’s purview to direct presidential decisions regarding national defense or to question determinations related to invasions under the Alien Enemies Act.
After the administration’s incomplete responses to questions from the judge during a recent hearing, Boasberg issued another order for comprehensive answers.
A subsequent filing by the administration indicated that two flights departed before the new order took effect, with a third flight post-order containing no individuals deported under the act. Nonetheless, the exact number of persons affected by the proclamation remained unspecified.
During a press briefing, White House spokesperson Karoline Leavitt stated approximately 261 individuals were deported, with 137 under the specific law in question.