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A federal judge has reprimanded the Trump administration for failing to meet a court-imposed deadline concerning deportation flights to El Salvador. This decision adds complexity to the ongoing legal battles surrounding President Trump’s immigration policies.
U.S. District Judge James Boasberg publicly expressed his frustration on Thursday, stating that government attorneys did not adhere to the specified timeline to provide essential information regarding deportation flights. These flights included individuals earmarked for immediate removal under the 1798 Alien Enemies Act. Furthermore, the judge questioned whether the administration had knowingly defied his prior court orders.
In a pointed order delivered Thursday evening, Judge Boasberg noted that the government “again evaded its obligations” to submit relevant information about the deportation flights. This came despite his offer to allow submission of sensitive information under seal. Instead of fulfilling the request, the government submitted a declaration that arrived hours late and did not appropriately address the court’s inquiries.
The filing that was presented comprised a brief six-paragraph declaration from a regional Immigration and Customs Enforcement (ICE) office director based in Harlingen, Texas. This document informed the court that Cabinet secretaries were “actively considering whether to invoke the state secrets act privileges over the other facts requested by the Court’s order.” Judge Boasberg criticized this submission, stating it was “woefully insufficient.”
On the preceding Saturday, Judge Boasberg had issued an emergency restraining order aimed at stopping the Trump administration from utilizing the 1798 Alien Enemies Act to deport Venezuelan nationals, including individuals allegedly affiliated with the Tren de Aragua gang. This order provided a temporary halt to deportations for a 14-day period and mandated that any ongoing flights return to U.S. territory immediately.
Shortly after the issuance of the restraining order, an aircraft carrying hundreds of U.S. migrants, which included Venezuelan nationals deported under the controversial law, arrived in El Salvador. This development prompted Judge Boasberg to demand additional clarity from the government during a fact-finding hearing aimed at uncovering whether the administration had deliberately ignored his order and the total number of individuals affected by deportations.
Following multiple instances of non-compliance from the government—citing national security concerns—the judge previously indicated that they could submit the needed information securely. Boasberg had specifically requested details concerning the number of planes that departed the U.S. carrying individuals removed under the terms of the proclamation, along with data about each flight, including departure times and destinations.
In his critique, the judge articulated skepticism about the government’s assertion regarding state secrets. He remarked, “To begin, the Government cannot proffer a regional ICE official to attest to Cabinet-level discussions of the state-secrets privilege; indeed, his declaration on that point, not surprisingly, is based solely on his unsubstantiated understanding.”
Judge Boasberg ordered the Trump administration to provide a detailed brief by March 25, outlining why it failed to comply with his order regarding the return of individuals initially deported on two planes arriving from El Salvador on March 15. He insisted on a sworn declaration from a person involved in Cabinet-level discussions surrounding the state-secrets privilege by the stipulated deadline.
The judge had previously warned the Trump administration of severe consequences should they violate his orders. Despite this warning, reports indicate that at least one plane with deported migrants landed in El Salvador later that same evening. In a notable response, the president of El Salvador commented on social media, saying, “Oopsie, too late.”
In the days following the court’s mandates, government attorneys have remained reticent to divulge information regarding the deportation flights. They have continued to cite national security protections as their rationale for withholding details related to whether planes departed U.S. soil in direct defiance of the judge’s orders.
This ongoing legal struggle highlights tensions between the judiciary and the executive branch over immigration policy enforcement. As the situation evolves, stakeholders on both ends remain attentive to upcoming court proceedings and further developments regarding the administration’s immigration strategies.