WASHINGTON (AP) 鈥� A federal judge examining the Trump administration鈥檚 use of an 18th-century wartime law to vowed Friday to 鈥済et to the bottom鈥� of whether the government defied his order to turn the planes around.
Chief Judge James Boasberg is trying to determine if the administration ignored his turnaround order last weekend when at least two planeloads of immigrants were still in flight.
鈥淚 will get to the bottom of whether they violated my order, who ordered this and what the consequences will be,鈥� Boasberg said during a hearing for a lawsuit challenging the deportations.
Earlier Friday, the Justice Department informed the judge that top leaders in President Donald Trump鈥檚 administration are debating whether to invoke a 鈥渟tate secrets privilege鈥� in response to the district judge鈥檚 questions about the deportation flights.
Deputy Attorney General Todd Blanche said in a court filing that there are 鈥渙ngoing Cabinet-level discussions鈥� about demand for more information. Boasberg ordered the Trump administration to either provide more details about the flights or assert a claim that disclosing the information would harm 鈥渟tate secrets.鈥�
The Republican administration has largely resisted the judge鈥檚 request, calling it an 鈥渦nnecessary judicial fishing鈥� expedition. Boasberg dismissed its response as 鈥渨oefully insufficient,鈥� increasing the possibility that he may hold administration officials in contempt of court.
The Trump administration has transferred hundreds of Venezuelan immigrants to El Salvador under . Flights were in the air last Saturday when Boasberg, orally from the bench, issued an order temporarily barring the deportations and ordered planes to return to the U.S.
The Justice Department has said that the judge鈥檚 oral directions did not count, that only his written order needed to be followed and that it couldn鈥檛 apply to flights that had already left the U.S.
Trump and some Republican allies have called for impeaching Boasberg, who was nominated by President Barack Obama, a Democrat. In earlier this week, Supreme Court Chief Justice John Roberts said 鈥渋mpeachment is not an appropriate response to disagreement concerning a judicial decision.鈥�
During Friday’s hearing, Boasberg said the Trump administration鈥檚 invocation of the to deport Venezuelan immigrants carries 鈥渋ncredibly troublesome鈥� policy ramifications.
The act allows noncitizens to be deported without the opportunity to go before an immigration or federal court judge. Trump鈥檚 Saturday proclamation called the an invading force.
鈥淲hy was this law essentially signed in the dark and these people essentially rushed onto planes?鈥� Boasberg asked. 鈥淚t seems to be that you only do that if you know it’s a problem and you want to get them out of the country before lawsuits can be filed.鈥�
Boasberg pressed Justice Department attorney Drew Ensign to explain how Venezuelan immigrants covered by Trump’s proclamation can challenge their deportations before they are removed from the U.S. The judge pointed to the U.S. Supreme Court鈥檚 finding that people imprisoned at Guantanamo Bay after the Sept. 11, 2001, terrorist attacks were entitled to challenge whether they had any ties to al-Qaida.
Ensign said the Department of Homeland Security is complying with the law during deportations, and people could file challenges individually in Texas, where they were held before being sent to El Salvador.
American Civil Liberties Union attorney Lee Gelernt said the government set up an administrative hearing board during World War II to give people a chance to contest their removal.
鈥淭here was not these kind of summary removals,鈥� added Gelernt, an attorney for the deported immigrants.
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