State Secrets Shield Trump on Controversial Venezuelan Deportation Flights

President Trump invokes the state secrets privilege to shield deportation flights of Venezuelan gang members, defying a federal judge’s order and sparking an unprecedented constitutional showdown.

Quick Takes

Trump administration used the 18th-century Alien Enemies Act to deport over 200 Venezuelan migrants alleged to be gang members to El Salvador.
The White House has invoked “state secrets privilege” to withhold flight details, citing national security and diplomatic concerns.
Chief Judge James Boasberg ordered a halt to deportations without due process, but three flights proceeded anyway.
Cabinet members Bondi, Rubio, and Noem filed declarations supporting the invocation of state secrets doctrine.
President Trump has called for Boasberg’s impeachment, while Chief Justice Roberts cautioned against such action.

Constitutional Showdown Over Secret Deportation Flights

The Trump administration has escalated a legal battle with the federal judiciary by invoking the rarely used “state secrets privilege” to block the release of information about deportation flights carrying over 200 Venezuelan gang suspects to El Salvador. This dramatic move comes after Chief Judge James Boasberg of the U.S. District Court ordered the administration to halt deportations of alleged Tren de Aragua (TdA) gang members, ruling that immigrants must have the opportunity to challenge their designation before being removed from the United States.

At the center of this controversy is the administration’s use of the Alien Enemies Act, an 18th-century wartime law not utilized since World War II. The law permits the deportation of non-citizens without court proceedings during times of declared hostilities. Top officials including Attorney General Pam Bondi, Secretary of State Marco Rubio, and Homeland Security Secretary Kristi Noem have filed declarations supporting the invocation of state secrets, citing potential harm to diplomatic relationships and national security concerns if details about the flights were disclosed.

“We can’t tell everybody how we do this”: Trump admin invokes state secrets privilege after court orders more details on deportation flights. pic.twitter.com/7BiL9VFjsJ

— FOX & Friends (@foxandfriends) March 25, 2025

Judicial Authority Challenged

The administration’s legal team, led by Deputy Assistant Attorney General Drew Ensign, has taken an aggressive stance in court filings. They argue that Judge Boasberg is overstepping his authority by interfering in matters of foreign policy and national security. The Justice Department has petitioned an appeals court to lift Boasberg’s order and allow deportations to continue, creating a significant division among judges reviewing the case.

The legal maneuvers have drawn sharp criticism from Circuit Court Judge Patricia Millett during appeals hearings. She notably compared the treatment of these Venezuelan immigrants unfavorably to that of Nazis detained in the United States during World War II. The judge pointed out that even enemy aliens in that era were afforded certain legal protections that appear absent in the current situation.

Diplomatic Fallout and Ongoing Legal Disputes

The Venezuelan government has escalated the situation by filing legal action in El Salvador seeking the release of 238 Venezuelans currently held in a maximum-security prison following their deportation. Meanwhile, Judge Boasberg has expressed frustration with what he described as “intemperate and disrespectful” arguments from the Justice Department. The judge has criticized the administration’s position that his oral order to halt flights didn’t need to be followed until put in writing, and that it did not apply to flights already departed.

President Trump has personally weighed in on the dispute, questioning Judge Boasberg’s impartiality and calling for his disbarment on social media. The president and several allies have gone further by suggesting impeachment proceedings against the judge. However, Supreme Court Chief Justice John Roberts has cautioned that “impeachment is not an appropriate response to disagreement concerning a judicial decision.” The administration has formally requested that Judge Boasberg be removed from the case entirely as the constitutional conflict continues to intensify.