Washington 26 March 2025 : The Trump administration on Tuesday night argued that two planes carrying Venezuelan deportees did not violate a judge’s order to halt such removals, digging into its defense over its use of a rarely invoked wartime authority.
Washington-based U.S. District Judge James Boasberg last week instructed Justice Department lawyers to give him a justification for the administration’s failure to return the flights carrying alleged Venezuelan gang members deported to El Salvador on March 15 despite his order blocking such deportations for two weeks. The administration has said the deportations were carried out under the 1798 Alien Enemies Act.
In a court filing, Justice Department lawyers reiterated an earlier position that the flights had left U.S. airspace by the time Boasberg issued a written order at 7:25 p.m. ET and therefore were not required to return. The department’s attorneys again dismissed the weight of Boasberg’s oral order during a hearing two hours earlier – where he called for any related planes to be turned around.
Boasberg had sought more details on the timing of the flights and how many Venezuelans were aboard to help him determine whether the administration violated his order, but the Justice Department did not provide those details.
The judge gave the administration the option of invoking the state secrets privilege, a doctrine that limits the disclosure of sensitive information in civil litigation, and justify its decision to do so. In court papers filed late on Monday, the Justice Department said it would be invoking the privilege, writing that Boasberg’s inquiry was judicial overreach infringing upon the executive branch’s authority over diplomatic and national security matters.
Summary: The Trump administration argues that recent Venezuelan deportations did not violate a judge’s order, amid growing legal and humanitarian concerns.