Trump’s Cabinet-level aides are considering invoking the state-secrets privilege to keep information about deportation flights confidential. This comes as a response to Chief U.S. District Judge James Boasberg demanding more details about deportation flights of Venezuelans under the wartime law, the Alien Enemies Act of 1798. The judge called the administration’s response inadequate and is seeking more information. The Justice Department argued that revealing information about the flights could have catastrophic consequences for foreign affairs.
The government has asked the D.C. Circuit Court of Appeals to overturn Boasberg’s order blocking deportations under the Alien Enemies Act. The lawyers for the administration assert that the president has the authority to deport alleged members of the Venezuelan crime gang, Tren de Aragua, designated as a terrorist group. The implications of using the act against a crime gang are deemed staggering by the lawyers representing the Venezuelans in the lawsuit.
The Alien Enemies Act allows for the quick deportation of foreign citizens from a country at war or that has invaded the U.S. Trump’s invocation of this act is based on the belief that Tren de Aragua is invading the U.S. for criminal and terrorist purposes. Trump’s use of the act has led to tensions between the judicial and executive branches, with the president calling for the impeachment of Judge Boasberg. The White House has stated that it will appeal adverse rulings to the Supreme Court if necessary, accusing judges of trying to slow-walk the administration’s agenda.
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