Trump Admin Wins Reprieve in Court Battle Over Gang Member Deportation Flight Records

The Justice Department now has until noon on March 20 to either comply with the court’s order or formally invoke the state secrets privilege.

Salvadoran police escort alleged members of the Tren de Aragua, on March 16, 2025, in San Luis Talpa, El Salvador. Secretaria de Prensa de la Presidencia/Handout via Reuters

A federal judge has granted the Trump administration a 24-hour extension to justify its refusal to provide details about deportation flights carrying alleged Tren de Aragua gang members, whom President Donald Trump has designated as “alien enemies” engaged in an invasion of the United States.

In a March 19 order, Chief Judge James Boasberg of the U.S. District Court for the District of Columbia allowed the Department of Justice (DOJ) an additional day to determine whether it would invoke the state secrets privilege over certain deportation details. The privilege, which prevents judicial review of information that could harm national security, has not previously been asserted in this case.

Despite granting the extension, Boasberg criticized the DOJ’s arguments, rejecting its claim that his request was a “micromanaged and unnecessary judicial fishing expedition.” Instead, he maintained that the court’s inquiry is necessary to assess whether the administration violated court orders and, if so, what the consequences should be.

One of the March 15 orders issued by the court temporarily blocked the Trump administration from deporting individuals subject to a presidential proclamation that labeled them “alien enemies” and ordered their immediate arrest and removal. Another order, issued on March 18, directed the administration to submit detailed information under seal, including the precise times when detainees were transferred, when deportation flights took off from U.S. soil and their final destinations.

In response, the DOJ filed an emergency motion on March 19, arguing that the president’s national security and foreign policy authority allows him to remove individuals deemed a threat and that the court’s request oversteps judicial limits.

“What began as a dispute between litigants over the President’s authority to protect the national security and manage the foreign relations of the United States pursuant to both a longstanding Congressional authorization and the President’s core constitutional authorities has devolved into a picayune dispute over the micromanagement of immaterial factfinding,” the DOJ wrote.

The DOJ raised four main objections to the court’s demand for deportation flight details. First, the need for more time to assess invoking the state secrets privilege, arguing that rushing this decision could risk national security. Second, a lack of urgency to disclose past events, given that a DC Circuit ruling on the broader stay request is imminent. Third, releasing the information could harm U.S. foreign relations by exposing counterterrorism efforts and diplomatic agreements. Finally, the DOJ fears the court may later disclose the information publicly before an appeal, subjecting U.S. national security to irreversible damage.

While the judge granted the DOJ an additional day, he dismissed many of its concerns. He questioned why the administration was suddenly raising national security risks when officials—including Secretary of State Marco Rubio—had already publicly disclosed significant details about the deportations, including passenger identities, locations, and operational timelines.

“The Court is therefore unsure at this time how compliance with its Minute Order would jeopardize state secrets,” Boasberg wrote.

The judge assured the DOJ that any disclosures would be handled carefully and would not be shared with plaintiffs or the public before appellate review.

The DOJ now has until noon on March 20 to either comply with the court’s order or formally invoke the state secrets privilege.

The Epoch Times has reached out to the White House and the DOJ with requests for comment on the ruling.

Meanwhile, White House press secretary Karoline Leavitt told a press briefing on March 19 that the Trump administration will continue mass deportations of noncitizens under the Alien Enemies Act, the 18th century law Trump invoked in his proclamation designating Tren de Aragua gang members as “alien enemies.”

Leavitt said no new flights have been planned yet but that Trump will continue with the mass deportations.

“Americans can absolutely expect to see the continuation of the mass deportation campaign,” she said.

“We have judges who are acting as partisan activists from the bench … we will continue to comply with these court orders [and] we will continue to fight these battles in court.”