The Trump administration invoked the “state secrets” privilege to avoid providing more information to a federal judge regarding this month’s highly contentious immigrant expulsions to El Salvador under the Alien Enemies Act.
The administration’s invocation of the privilege is a further escalation in Donald Trump’s immigration-related battle against the federal judiciary.
According to a court filing submitted by justice department officials on Monday evening, “no further information will be provided” to the federal court in Washington DC based on the state secrets privilege. The filing said the case deals with Trump’s complete and absolute authority to remove “designated terrorists participating in a state-sponsored invasion of, and predatory incursion into, the United States”.
In response to the Trump administration’s invocation, the federal judge in the case said that if the administration would like to provide more information about the Alien Enemies Act operation, they should do so by 31 March.
Trump invoked the Alien Enemies Act on 15 March to expel Venezuelan immigrants in the US. That day, 238 Venezuelans and 23 Salvadoran men were placed on planes and sent to El Salvador, where they were then quickly detained in a massive “terrorism” prison run by the Salvadoran government. For over a week, a federal judge has attempted to compel the Trump administration to release information about the operation.
The Trump administration has said all of the Venezuelans expelled are members of the Venezuelan gang Tren de Aragua, and has repeatedly claimed, without evidence, that the gang “infiltrated” the US at the direction of the Venezuelan government. An intelligence document contradicts the Trump administration’s allegations. News reports, identifying some of the Venezuelans expelled to El Salvador, have published evidence and claims from family members that they are innocent and not members of the gang.
After the expulsion of the immigrants, federal judge James E Boasberg temporarily blocked the invocation of the Alien Enemies Act for further renditions. In a later court order, Boasberg doubled down on the block, instructing the federal government to conduct individualized hearings for immigrants set to be expelled via the act, to see if it even applies to them at all.
As a result of Boasberg’s pushback, the Trump administration and its allies have attacked the judge, seeking to impeach him and engaging in a further battle against the judiciary. On Monday, a federal appeals court held a hearing on the Trump administration’s request to remove Boasberg from the case.
The rapid expulsion of nearly 300 immigrants came about via a “nonpublic, sensitive, and high stakes negotiation”, secretary of state Marco Rubio said in a separate Monday declaration. The “sensitive” negotiation was likely with the Salvadoran government headed by President Nayib Bukele.
For over a week, Boasberg has been attempting to compel the government to provide information about the use of the Alien Enemies Act, to no avail. Disclosing information about the operation, Rubio claimed, could place further pressure on US allies involved and jeopardize their relationship with the US.
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The state department last month classified Tren de Aragua, MS-13 and other Mexican criminal groups as “terrorist organizations”.
It is still unclear who was expelled to El Salvador by the Trump administration. News organizations have published the list of names of the Venezuelans on the two flights, and the identities of two Salvadoran men – both alleged members of the transnational gang MS-13 – has also been made public by Central American news organizations.
But further information continues to be released, raising questions about the operation. On Monday, two immigrant women provided declarations in federal court, saying eight women were also on the planes sent to El Salvador. The women were not admitted to the prison and were sent back to the US, because the Salvadoran facility only detains men.
