In 2023, Federal Judge James Boasberg criticized the Justice Department’s inadequate response to his request for more information regarding deportation flights conducted under the Alien Enemies Act. Judge Boasberg stated that the government failed to meet its obligations and evaded providing necessary details about the timing of the flights, which were carried out under the authority of the AEA by President Donald Trump to deport individuals claimed to be associated with a Venezuelan gang labeled a “foreign terrorist organization.”
Following an emergency hearing where Judge Boasberg ordered any deportation flights under the AEA authority to return to the U.S., two flights landed in Honduras and El Salvador. The Department of Justice (DOJ) submitted a response, which was deemed insufficient by the judge, consisting of a declaration from an ICE official that did not offer new information about the flights. The response also mentioned that Cabinet Secretaries were contemplating invoking the state-secrets privilege over the facts requested by the court.
Judge Boasberg criticized the DOJ’s response, demanding a sworn declaration from a person directly involved in Cabinet-level discussions regarding the state-secrets privilege by Friday morning. He wanted to be informed of any decision on the matter by Tuesday. The judge also instructed the DOJ to explain how it did not violate the court’s orders by failing to return class members removed from the U.S. on the early March flights.
The DOJ spokesperson expressed belief that the court’s inquiries into sensitive national security matters were inappropriate, while Judge Boasberg warned of potential consequences if the DOJ failed to address his questions. The DOJ refused to answer detailed questions about the flights in response to the judge’s order, stating that the inquiries were inappropriate.
Boasberg was inquiring about details that the government argued could impact national security and foreign relations. Despite this, Boasberg requested the government to provide more information through a private declaration to safeguard sensitive foreign relations data. The judge allowed them to submit such a response in a sealed manner directly to him by Wednesday at noon. However, the Justice Department refused to comply, preferring a pause in the case until an appeals court rules on their emergency stay motion.
The Justice Department filing urged the case’s suspension, citing potential state secrets exposure if the information was revealed. The judge extended the deadline to Thursday at noon, urging the government to address his queries or justify invoking the state-secrets doctrine.
Boasberg disputed the government’s claim that he was persisting on irrelevant matters, emphasizing that he wanted to assess if the government had disobeyed his previous orders and the potential repercussions. The government’s appeal is ongoing, with oral arguments set for Monday afternoon.
