The U.S. Supreme Court is shown March 17, 2025 in Washington, DC. A federal judge is asking the government for proof that it complied to his order in its deportation of more than 200 alleged Tren de Aragua gang members to El Salvador under the Alien Enemies Act of 1789.
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A federal judge on Thursday said the government provided a “woefully insufficient” response to his prior orders in a case over President Trump’s use of wartime powers.
Judge James Boasberg had earlier asked the Trump administration to provide more details about weekend flights that deported hundreds of alleged Venezuelan gang members and other people to El Salvador — despite his order to turn the planes around. He sought more proof the government was complying with his temporary restraining order.
He asked the government to provide details about the flights, or explain why such details fall under “the state-secrets doctrine.” This privilege would allow the government to refuse to provide evidence that a court requests because doing so could harm U.S. national security or foreign relations.
Boasberg initially gave a deadline on Wednesday, and then extended it mid-day on Thursday.
“In an ex parte pleading delivered shortly after today’s deadline, the Government again evaded its obligations,” Boasberg wrote on Thursday. An ex parte pleading means the filings went directly to the judge, without notifying the other parties in the case.
He said the government only provided a six-paragraph declaration from a regional official in Immigration and Customs Enforcement that repeated information shared previously, and added that: “Cabinet Secretaries are currently actively considering whether to invoke the state secrets privilege over the other facts requested by the Court’s order.
The task at hand is one of great importance, as it involves the careful consideration of national security and foreign relations. It is not something that can be rushed, as it cannot be properly addressed within a mere 24-hour timeframe.”
Boasberg expressed dissatisfaction with this response, deeming it “woefully insufficient.”
The judge has decided to extend the deadlines for the case. The government has been asked to provide an explanation by 10 a.m. on Friday regarding any discussions related to invoking the state secrets privilege. A final decision on whether to invoke this privilege must be made by March 25.
In response, a spokesperson for the Department of Justice stated, “The Department of Justice maintains that the court’s excessive questioning of sensitive national security matters is an inappropriate overreach by the judiciary.”
Former President Trump has previously called for Boasberg’s impeachment and referred to him as a “lunatic” during an interview with Fox News.
—NPR’s Ryan Lucas contributed to this story.
