Department of Justice officials have chosen not to reveal details regarding the legal advice provided to Department of Homeland Security Secretary Kristi Noem about the deportation of over 100 Venezuelans to El Salvador in March. This decision comes in response to a contempt inquiry initiated by U.S. District Court Judge James Boasberg, who is assessing whether Noem or others should face potential contempt charges.

The court filings submitted on Friday follow a previous statement from DOJ lawyers indicating that Noem directed the deportation flights to continue, despite Judge Boasberg's order to return the planes to the U.S. while he reviewed a legal challenge to the administration's use of the Alien Enemies Act (AEA) for these deportations. The Trump administration had accused the Venezuelans of being gang members.

In her declaration, Noem confirmed that she decided to proceed with the deportations after receiving legal advice from DOJ leadership and Joseph Mazarra, the acting general counsel of DHS. However, Deputy Attorney General Todd Blanche and Emil Bove, a DOJ official who is now a U.S. circuit judge, declined to disclose the specifics of the "privileged" legal advice given to Noem. Bove stated, "DOJ has not authorized me to disclose privileged information in this declaration."

Mazarra, in his declaration, stated that he reviewed Judge Boasberg's order aimed at blocking the deportations and subsequently provided legal advice to Noem. He noted, "DHS had removed these terrorists from the U.S. before this Court issued any order (or oral statement regarding their removal)."

In a separate filing, DOJ attorneys argued that it would be "prejudicial and constitutionally improper" to compel testimony from the officials who submitted declarations ahead of a potential referral for prosecution. They asserted, "[The] Court has all the information it needs to make a referral if it believes one to be justified, and further factual inquiry by the Court would raise constitutional and privilege concerns."

Lee Gelernt, the lead attorney for the American Civil Liberties Union, which has challenged the AEA deportations in court, criticized the Trump administration's actions. He stated, "the Trump administration is again refusing to cooperate with a federal court."

In March, the Trump administration invoked the AEA, an 18th-century wartime authority, to deport two planeloads of alleged gang members to a mega-prison in El Salvador. They argued that the Venezuelan gang Tren de Aragua represents a "hybrid criminal state" that is invading the United States.

During a March 15 court hearing, Judge Boasberg issued a temporary restraining order, instructing that the planes carrying the detainees be turned around. However, DOJ attorneys contended that his oral instructions were defective, allowing the deportations to proceed as planned. An earlier finding by Boasberg that the Trump administration likely acted in contempt was paused for months after an appeals court issued an emergency stay. Last month, a federal appeals court declined to reinstate Boasberg's original order but permitted him to continue with his fact-finding inquiry.