Trump administration invokes state secrets privilege in deportation case
CBSMAR 22
Trump Admin Claims 'State Secrets' in Deportation Case
Above: Deported individuals from the U.S. arrive on a flight at Simón Bolívar International Airport (CCS) in Maiquetia, Vargas state, Venezuela, early on Monday, March 24, 2025. Image copyright: Bloomberg/Contributor via Getty Images
The Spin
Republican narrative
Trump's use of the Alien Enemies Act against Tren de Aragua is justified, as these criminal illegal aliens pose a genuine violent threat to the U.S. The gang, tied to Venezuela's mafia state, engages in murders, trafficking, and mass illegal migration to harm Americans. The AEA allows swift action against these predatory incursions, protecting public safety from this hybrid criminal state's hostile actions.
Democratic narrative
Trump's invocation of the Alien Enemies Act is fundamentally flawed, as it illegally misuses a wartime power for peacetime immigration enforcement. The AEA requires a declared war or armed attack, not criminal activity. Existing immigration laws suffice to deport dangerous gang members with due process, making Trump's move a power grab targeting people based on ancestry, not evidence.