Secrets, Sovereignty, and Security: Unpacking a Controversial National Action

In a decision that has set off a firestorm among legal experts and political observers, the Justice Department recently invoked the “state secrets privilege” to withhold further details from a federal judge in a contentious deportation case.

At the heart of the dispute is the administration’s use of an 18th-century wartime law, which permits the expedited removal of noncitizens without the typical judicial process. The case involves Venezuelan migrants who have been deported to a neighboring country under this archaic yet, according to the administration, necessary statute.

Chief Judge James Boasberg had ordered a temporary halt to deportation flights carrying migrants alleged to be linked to gang activities, citing concerns over due process and the administration’s failure to provide essential logistical details. In response, government attorneys argued that disclosing such sensitive information—including precise flight details and passenger lists—would compromise pressing diplomatic and national security interests.

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