Trump Admin Invokes ‘State Secrets Privilege’ to Block Release of Deportation Information
By invoking the privilege, the administration can avoid releasing information about its deportations of alleged members of a Venezuelan gang.
By Emel Akan
3/24/2025 Updated: 3/24/2025
WASHINGTON—The Trump administration on March 24 invoked the “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 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 its disclosure would pose a national security risk.
By using this privilege, the Trump administration won’t have to provide information about deportees. Hence, the case against the government might be dismissed.
The government’s court filing 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 such as 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.
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READ MORE: https://www.theepochtimes.com/us/trump-admin-invokes-state-secrets-privilege-to-block-release-of-deportation-information-5830817?ea_src=frontpage&ea_cnt=a&ea_med=top-news-9-top-stories-0-title-1
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