WASHINGTON โ In a recent clash over deportation practices, the Justice Department has challenged a federal judgeโs demand for further details regarding flights carrying deportees to El Salvador. The department criticized the courtโs โcontinued intrusionsโ 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 judgeโs 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 judgeโs requests significantly infringe on the fundamental executive powers surrounding national security and foreign policy. The department signaled it may invoke the โstate secrets privilegeโ to justify withholding certain details.
The Justice Departmentโs submission argued, โThe underlying premise of these ordersโฆ assumes the Judicial Branch supersedes the Executive Branch, particularly concerning non-legal matters like foreign affairs and national security. The Government opposes this view.โ 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 โstate secretsโ risks. He criticized the administrationโs 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 shouldnโt threaten โstate secrets,โ 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.
Boasbergโs 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 deporteesโ arrival, with a light-hearted remark acknowledging the judgeโs original order.
The administration maintains that itโs beyond the judiciaryโs purview to direct presidential decisions regarding national defense or to question determinations related to invasions under the Alien Enemies Act.
After the administrationโs 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.