Trump administration invokes state secrets privilege in case over deportations under wartime law

The Trump administration on Monday invoked a “state secrets privilege” and refused to give a federal judge any additional information about the deportation of Venezuelan migrants to El Salvador under an 18th century wartime law — a case that has become a flashpoint amid escalating tension with the federal courts.

The declaration comes as Chief Judge James Boasberg weighs whether the government defied his order to turn around planes carrying migrants after he blocked deportations of people alleged to be gang members without due process.

He has asked for details about when the planes landed and who was on board, information that the Trump administration asserts would harm “diplomatic and national security concerns.”

Government attorneys also asked an appeals court on Monday to lift Boasberg’s order and allow deportations to continue, a push that appeared to divide the judges.

Circuit Court Judge Patricia Millett said Nazis detained in the U.S. during World World II received better legal treatment than Venezuelan immigrants who were were deported to El Salvador this month under the same statute.

A second judge appeared open to the administration’s argument that the migrants should be challenging their detention in Texas rather than the nation’s capital. The third judge on the panel didn’t ask any questions.