The Trump administration has resisted providing more information about the migrants it flew out of the country under a sweeping new claim of authority it says can’t be questioned by a judge, a combination that has raised alarms among legal and immigration experts over potential mistakes or abuses.
The White House has declined to provide the public with basic information such as names and identities of the 137 alleged Tren de Aragua members sent to El Salvador under the Alien Enemies Act of 1798 or details about how U.S. officials determined each of them was part of the Venezuelan gang.
The Justice Department told a federal judge that Cabinet secretaries are considering whether to invoke the state secrets privilege rather than provide details about the flights, as part of a lawsuit where an immigration attorney claims one man was mistakenly identified as a gang member based on a tattoo.