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.

Salvadoran police escort alleged members of the Tren de Aragua gang, in San Luis Talpa, El Salvador. Secretaria de Prensa de la Presidencia/Handout via Reuters

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.