By invoking the privilege, the administration can avoid releasing information about its deportations of alleged members of a Venezuelan gang.
WASHINGTON—The Trump administration on Monday invoked a “state secrets privilege,” a move that could lead to the dismissal of the case against the government regarding the deportation of Venezuelan illegal immigrants to El Salvador.
The “state secrets privilege” is a legal doctrine developed by the U.S. Supreme Court to protect sensitive national security information from disclosure in civil litigation. Key cases, such as Totten v. United States (1876) and Reynolds v. United States (1953), established its application, allowing the government to withhold information in litigation if it poses a national security risk.
By using this privilege, the Trump administration won’t have to provide information about deported migrants. Hence, the case against the government might be dismissed.
The court document stated, “The Executive Branch hereby notifies the Court that no further information will be provided in response to the Court’s March 18, 2025, Minute Order based on the state secrets privilege and the concurrently filed declarations of the Secretary of State and the Secretary of Homeland Security.”
While courts must review claims of privilege, they avoid excessive scrutiny to prevent revealing classified information. Recent cases, like United States v. Zubaydah (2021) and Federal Bureau of Investigation v. Fazaga (2021), have further defined the scope of this privilege.
The government has used the privilege in a variety of cases, including those involving surveillance, government contracts, and national security threats.
The move comes after U.S. District Judge James Boasberg weighs whether the government violated his order to turn around planes deporting illegal immigrants alleged to be gang members.
He has asked for details about when the planes landed and who was on board. However, the Trump administration has said that giving that information would harm “diplomatic and national security concerns.”
On Monday, a three-judge panel from the U.S. Court of Appeals heard arguments on whether to stop the lower court’s order that blocked the Trump administration from deporting alleged members of a Venezuelan gang under the Alien Enemies Act.
By Emel Akan
