In a stunning clash of government powers, a federal judge is demanding the Trump administration disclose classified information about the deportation of Venezuelan gang members – setting up a showdown between judicial authority and executive power.
At a glance:
• Federal Judge James Boasberg ordered the Trump administration to provide classified details about deportations of Venezuelan gang members
• The administration used the 1798 Alien Enemies Act to deport suspected members of Tren de Aragua, a violent Venezuelan gang
• Trump officials argue the judge is overstepping his authority and risking national security by demanding classified information
• The Department of Justice must submit a sworn statement confirming whether the act was used for deportations to El Salvador
• This constitutional clash could reach the Supreme Court as questions mount about judicial interference in executive immigration authority
Judge Demands Classified Information in Deportation Battle
Federal Judge James Boasberg is demanding the Trump administration hand over sensitive information about the deportation of Venezuelan gang members, creating a serious conflict between judicial and executive powers. Judge Boasberg ordered the Department of Justice to provide a sworn statement confirming whether the 1798 Alien Enemies Act was used to deport Venezuelan men to El Salvador despite ongoing legal challenges.
The Trump administration has refused to comply with what they view as judicial overreach that endangers national security operations. Trump officials invoked the Alien Enemies Act, a law last used during World War II, to target members of the notorious Tren de Aragua gang who have been responsible for violent crimes across American cities. Trump promised to use the legislation during his election campaign, saying he had to go back to 1798 to find leaders tough enough to pass such laws.
Trump Administration Defends Border Security Measures
The Department of Justice strongly objected to providing classified information about the deportation operations, stating: “The Government cannot—and will not—be forced to answer sensitive questions of national security and foreign relations in a rushed posture without orderly briefing and a showing that these questions are somehow material to a live issue.”
“The district court has enjoined the President from using his statutory and constitutional authority to address what he has identified as an invasion or predatory incursion by a group undertaking hostile actions and conducting irregular warfare,” the Trump administration argued in court filings.
The Trump proclamation provided clear evidence for invoking the Alien Enemies Act, noting: “Evidence irrefutably demonstrates that (Tren de Aragua) has invaded the United States and continues to invade, attempt to invade, and threaten to invade the country; perpetrated irregular warfare within the country; and used drug trafficking as a weapon against our citizens.”
Legal Experts Warn of Judicial Overreach
Legal experts have raised serious concerns about Judge Boasberg’s demands for classified information related to national security operations. Constitutional law expert Mike Davis warned, “Judge Boasberg demands the Justice Department must disclose highly classified information about a national-security operation involving the worst terrorists and one of America’s strongest allies in the Western Hemisphere.”
The dispute is likely headed to the Supreme Court, with important implications for presidential authority on immigration enforcement. The administration paid El Salvador $6 million to detain the deported individuals, creating an international agreement that critics argue should not be subject to judicial review.
The ACLU and other liberal groups have opposed the deportations, filing an emergency request to block the use of the Alien Enemies Act.
