In a tense standoff between the judicial and executive branches of the U.S. government, a federal judge has demanded an explanation from the Trump administration regarding its decision not to reverse flights carrying deportees to El Salvador. The controversy arises from allegations that these flights included Venezuelan immigrants claimed by the Trump administration to be affiliated with gangs. This situation follows a court order issued by U.S. District Judge Jeb Boasberg, who temporarily halted deportations under a rarely used 18th-century wartime law.
The debate intensified when planes headed to El Salvador were requested to return to the U.S. after Judge Boasberg ordered a halt to these deportations. Boasberg required the administration to present further details about the flights by noon Thursday, with an option for the administration to claim that responding could potentially harm “state secrets.” The administration rebuffed, viewing this request as an unwarranted judicial probe.
Boasberg expressed dissatisfaction with the administration’s response in a written order, describing it as “woefully insufficient.” He criticized the administration for not meeting its obligations and merely repeating general information about the flights. The judge has ordered the administration to “show cause” as to why it didn’t comply, raising the possibility that he may contemplate holding officials in contempt of court.
Meanwhile, the Justice Department has countered that Boasberg’s verbal directions hold no weight, asserting that only his written orders are binding and arguing that these do not apply to flights already airborne. A spokesperson from the department described the judge’s inquiries about sensitive national security issues as improper overreach by the judiciary.
Adding to this escalating situation, a U.S. Immigration and Customs Enforcement official stated Thursday that further time was necessary to determine if the administration will enact the state secrets privilege to block the information’s disclosure. Judge Boasberg has given the administration until Friday to submit a sworn declaration by an individual directly involved in top-level deliberations about the privilege, with a requirement to inform the court by next Tuesday of any decision.
This confrontation has fueled a broader conflict between government branches, with President Trump and some allies advocating for the impeachment of Judge Boasberg. Chief Justice of the Supreme Court, John Roberts, has issued a rare public statement dismissing such calls, arguing that impeachment is inappropriate for disputes over judicial decisions.