The Justice Department is resisting a judge’s order for details on deportation flights, citing executive authority. This legal struggle marks a conflict between the Trump administration and Judge Boasberg, who blocked deportations under the Alien Enemies Act. The case raises significant issues about judicial oversight and the executive branch’s power in immigration matters.
The Justice Department is currently resisting a federal judge’s order for more information on deportation flights to El Salvador, arguing that the court’s demands intrude upon the executive branch’s authority. This clash arises from the Trump administration’s conflict with judge James E. Boasberg, who temporarily paused deportations based on an 18th-century law during a national emergency declaration. Trump has criticized the judge and suggested impeachment due to multiple legal setbacks.
Judge Boasberg mandated the Trump administration to submit answers regarding deportation logistics, such as flight schedules and deportee numbers, under seal for privacy. He expressed concerns about the government’s potential flouting of his previous orders regarding deportees bound for a notorious El Salvador prison. In response, the Justice Department’s court filings argue that the judge’s inquiries represent significant encroachments on executive authority relating to national security.
The department indicated that it may invoke the state secrets privilege to protect certain information, asserting that the judicial branch should not override the executive in matters of foreign relations and national security. Boasberg countered that the information requested would not endanger state secrets, especially given that administration figures have disclosed flight details to the public.
Recently, Trump invoked the Alien Enemies Act in his claims that an invasion by the Venezuelan gang Tren de Aragua justified the deportations. Additionally, Boasberg’s orders directly challenged any ongoing deportations after he was informed that planes were en route to El Salvador. El Salvador’s president acknowledged that deportees arrived after the judge’s order was issued, indicating a potential violation of court orders.
On Monday, the administration noted that two deportation flights occurred before the judge’s ruling went into effect, while a third flight only involved individuals not covered under the law. However, the government has refrained from disclosing exact estimates of potential deportees potentially affected by the proclamation. Press secretary Karoline Leavitt indicated that approximately 261 individuals were deported under this law, with 137 directly linked to Trump’s declaration.
The ongoing legal conflict between the Justice Department and Judge Boasberg highlights significant tensions regarding executive authority over deportation actions amid national security claims. As the Justice Department seeks to resist further judicial oversight, issues surrounding transparency, the scope of judicial power, and immigration policy are thrust into the spotlight. The outcome of this legal showdown could have substantial implications for future deportation policies and executive powers.
Original Source: apnews.com
