Noem, Rubio, Bondi Cite State Secrets, Decline to Disclose Deportation Details
Three senior members of President Donald Trump’s administration have invoked the “state secrets privilege” to withhold details from the court regarding flights used to deport hundreds of Venezuelans under the Alien Enemies Act.
On March 15, Chief U.S. District Judge James Boasberg attempted to halt the deportation flights, yet two reportedly took off between his oral directive and its formal written issuance. He requested that the government disclose details such as the number of individuals on board, departure times, when the flights exited U.S. airspace, and their destinations, as he deliberates on whether the administration violated his order.
Attorney General Pam Bondi, Secretary of State Marco Rubio, and Homeland Security Secretary Kristi Noem filed court documents late Monday asserting that releasing such information could compromise national security or international relations.
According to USA Today, Trump designated the Venezuelan criminal organization Tren de Aragua as a foreign terrorist entity and directed the removal of individuals suspected of affiliation.
“This is a case about the President’s plenary authority…to remove from the homeland designated terrorists participating in a state-sponsored invasion and predatory incursion into the United States,” Bondi stated in her filing. “The Court has all of the facts it needs to address the compliance issues before it.”
“Further intrusions on the Executive Branch would present dangerous and wholly unwarranted separation-of-powers harms with respect to diplomatic and national security concerns that the Court lacks competence to address,” she further argued.
Boasberg reiterated that no deportation flights under the Alien Enemies Act should occur until individuals accused of being members of Tren de Aragua have been given an opportunity to refute those allegations, with several already doing so through legal filings.
“As the Government itself concedes, the awesome power granted by the Act may be brought to bear only on those who are, in fact, ‘alien enemies,’” Boasberg wrote. “And the Supreme Court and this Circuit have long maintained that federal courts are equipped to adjudicate that question when individuals threatened with detention and removal challenge their designation as such.”
Government attorneys indicated they would present further arguments on Tuesday regarding their adherence to Boasberg’s orders. In prior filings, they contended that his oral directive was not enforceable and that no flights departed following his written order.
White House Press Secretary Karoline Leavitt strongly criticized a federal district judge on Wednesday after he ordered flights carrying deported Venezuelan gang members, who were in the U.S. illegally, to be returned.
Leavitt’s comments followed President Trump’s condemnation of U.S. District Judge James Boasberg as a “radical left lunatic” after the judge issued a temporary order blocking deportation flights.
Referring to Boasberg as an “activist” judge, Leavitt also scrutinized his wife’s political donations to Democrats.
“The judge in this case is essentially trying to say the president doesn’t have the executive authority to deport foreign terrorists from our American soil. That is an egregious abuse of the bench,” she told reporters during a press briefing.
Earlier this month, Trump formally classified the Venezuela-based Tren de Aragua gang as a terrorist organization. Exercising authority under the Alien Enemies Act, he ordered the removal of hundreds of suspected members last week. However, Boasberg ruled that Trump lacked the power to take such action unilaterally.
“This judge cannot, does not, have that authority. It is the opinion of this White House and of this administration. And that’s why we’re fighting this in court. And it’s very, very clear that this is an activist judge who is trying to usurp this president’s authority,” Leavitt asserted.
“Under the Alien Enemies Act, the president has the power, and that’s why the deportation campaign will continue. And this judge, Judge Boasberg, is a Democrat activist. He was appointed by Barack Obama,” she added.