WASHINGTON — The Justice Department is resisting a federal judge’s demand for more information about flights that took deportees to El Salvador, arguing Wednesday the court should end its “continued intrusions” into the authority of the executive branch.
It’s the latest development in a showdown between the Trump administration and the judge who temporarily blocked deportations under an 18th century wartime declaration. President Donald Trump has called for the judge’s impeachment as he escalates his conflict with a judiciary after a series of court setbacks over his executive actions.
U.S. District Judge Jeb Boasberg, who was nominated to the federal bench by Democratic President Barack Obama, had ordered the Trump administration to answer several questions under seal, where the information would not be publicly exposed. There were questions about the planes’ takeoff and landing times, and the number of people deported under Trump’s proclamation.
The judge has questioned whether the Trump administration ignored his court order Saturday to turn around planes with deportees headed for the Central American country, which had agreed to house them in a notorious prison.
In court papers filed hours before the deadline to respond Wednesday, the Justice Department said the judge’s questions are “encroachments on core aspects of absolute and unreviewable Executive Branch authority relating to national security, foreign relations and foreign policy.” The department said it was considering invoking “state secrets privilege” to let the government withhold some of the information sought by the court.
“The underlying premise of these orders ... is that the Judicial Branch is superior to the Executive Branch, particularly on non-legal matters involving foreign affairs and national security. The Government disagrees,” Justice Department lawyers wrote. “The two branches are co-equal, and the Court’s continued intrusions into the prerogatives of the Executive Branch, especially on a non-legal and factually irrelevant matter, should end.”
Boasberg later issued an order giving the administration until noon Thursday to provide the requested information or make a claim it must be withheld because it would harm “state secrets.” He took issue with the government’s characterization of his request as an “unnecessary judicial fishing” expedition, saying it was necessary to “determine if the government deliberately flouted” his order to turn around the flights, “and if so, what the consequences should be.”
He also questioned how providing the information to the court could “jeopardize state secrets,” given that administration officials have already publicly released many details about the flights.
Trump invoked the Alien Enemies Act of 1798, which has only been used three times before in U.S. history, all during congressionally declared wars. In doing so, he said there was an invasion by the Venezuelan gang Tren de Aragua.
The administration contends a judge lacks the authority to tell the president whether he can determine the country is being invaded under the act, or how to defend it.
The administration said in a filing Tuesday that two planes took off before Boasberg’s order took effect, and a third plane that took off after the ruling came down did not include anyone deported under the law. The administration declined, however, to give estimates of the number of people subject to the proclamation.
White House press secretary Karoline Leavitt told reporters Monday about 261 people were deported, including 137 under the law.
The U.S. Justice Department dropped its lawsuit against Texas’ Senate Bill 4, a 2023 state law that gave the state a role in arresting and deporting undocumented migrants. Justice Department officials announced the decision in a late-night filing Tuesday. However, the case against Texas continues as private parties — El Paso County and two migrant advocacy groups — fight the state over the law.
MOVE WAS EXPECTED: U.S. District Judge David Ezra anticipated President Donald Trump’s Justice Department might drop the case in a Jan. 30 filing in which he set a July 8 trial date. Trump campaigned on launching the largest deportation operation in the country’s history, and Texas state leaders are willing participants in helping his administration carry out its immigration crackdown.
WON’T TAKE EFFECT: Despite the Justice Department’s decision, SB will not go into effect. The law is blocked from being enforced after multiple rulings in district and appeals courts. The Justice Department under President Joe Biden sued Texas in January 2024 — a month after Abbott signed the law. Biden officials argued the law was unconstitutional as the federal government is responsible for enforcing federal immigration laws.
NEW STATE CRIMES: SB created new state crimes for illegally crossing the U.S.-Mexico border. It also established a state-initiated removal process, allowing migrants convicted of illegal entry or reentry from a foreign nation to be deported after serving their state sentence.Aarón Torres