(WASHINGTON) — The Department of Justice (DOJ) has not revealed the legal advice it provided to Department of Homeland Security Secretary Kristi Noem regarding the deportation of over 100 Venezuelans to El Salvador in March. This decision comes amid a contempt inquiry led by U.S. District Court Judge James Boasberg, who is assessing whether Noem or others should face potential contempt charges.

Court documents filed on Friday indicate that DOJ lawyers previously stated Noem directed the deportation flights to proceed, despite Boasberg's order to halt the flights while he reviewed a legal challenge to the administration's use of the Alien Enemies Act (AEA). The AEA was invoked by the Trump administration to deport individuals it labeled as gang members.

In her declaration, Noem confirmed that she decided to continue the deportations after consulting with DOJ leadership and Joseph Mazarra, the acting general counsel of DHS. However, Deputy Attorney General Todd Blanche and Emil Bove, a former DOJ official now serving as a U.S. circuit judge, declined to disclose specifics about the legal advice, citing privilege. "DOJ has not authorized me to disclose privileged information in this declaration," Bove stated.

Mazarra's declaration noted that he reviewed Judge Boasberg's order aimed at blocking the deportations and provided legal guidance to Noem. He asserted, "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 compelling testimony from the officials who submitted declarations would be "prejudicial and constitutionally improper." They stated, "[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 is challenging the AEA deportations, criticized the Trump administration's actions. He remarked, "the Trump administration is again refusing to cooperate with a federal court."

In March, the Trump administration used the AEA, a wartime authority from the 18th century, to deport two flights of alleged gang members to a mega-prison in El Salvador. The administration claimed that the Venezuelan gang Tren de Aragua poses a significant threat to 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 back. However, DOJ attorneys contended that Boasberg's oral instructions were flawed, allowing the deportations to continue as planned. An earlier finding by Boasberg that the Trump administration likely acted in contempt was paused for several months after an appeals court issued an emergency stay. Recently, a federal appeals court declined to reinstate Boasberg's original order but permitted him to continue his fact-finding inquiry.