A federal judge criticized the Justice Department for providing inadequate information about deportation flights carried out under the Alien Enemies Act. President Trump used this law to deport individuals allegedly affiliated with a Venezuelan gang considered a terrorist group. The judge ordered flights to return after an emergency hearing, but two flights landed in Honduras and El Salvador before this directive was followed. The DOJ’s response, submitted under seal, did not provide new information and mentioned discussions about invoking the state secrets privilege.
The judge found the response to be insufficient and demanded a sworn declaration from someone directly involved in Cabinet-level discussions regarding the state-secrets privilege. He also requested an explanation of how the government did not violate court orders by failing to return individuals removed from the U.S. on earlier flights. The DOJ believes the judge’s inquiries are inappropriate and involve sensitive national security information. The lawyers argued for a pause in the case until an appeals court rules, citing concerns about revealing state secrets.
The judge extended deadlines for the government to answer questions and invoke the state-secrets doctrine. He emphasized that he sought information to determine if the government ignored court orders and what consequences should follow. The government’s appeal is ongoing, with oral arguments scheduled. Trump has called for the judge’s impeachment amid the legal dispute.
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