Reposted by Gabby Magritte
Kristi Noem must resign. She has deported a four year old with cancer, detained a U.S. marshal, and arrested two members of Congress. She’s lost the confidence of the American people. ICE must stop terrorizing our communities.
![repeated the same general information about the flights: "On March 15, 2025, two flights carrying aliens being removed under the AEA departed U.S. airspace before the Court's minute
order of 7:25 PM EDT, and before the Court's oral statements during the hearing." Decl. of Robert L. Cerna, I 5. He then stated, "I understand that Cabinet Secretaries are currently actively considering whether to invoke the state secrets privilege over the other facts requested
by the Court's order. Doing so is a serious matter that requires careful consideration of national
security and foreign relations, and it cannot properly be undertaken in just 24 hours." Id., 16 (emphasis added).
This is woefully insufficient. To begin, the Government cannot proffer a regional ICE
official to attest to Cabinet-level discussions of the state-secrets privilege; indeed, his declaration
on that point, not surprisingly, is based solely on his unsubstantiated "understand[ing]."
Although its skepticism concerning the suitability of such privilege expressed in yesterday's
Order remains, the Court at a minimum requires an official with direct involvement to swear that deliberations of the privilege's invocation are ongoing at the level Cerna attests. It further
expects such deliberations to be concluded by March 25, 2025, which only exceedingly good
cause may excuse.
In addition, to avoid further delay, the Court will require Defendants to show cause on
the facts that they have already disclosed as to why the failure to return the class members
aboard the two earliest planes did not violate the Court's Temporary Restraining Orders. Further supplementation may be required once particulars are ultimately disclosed.
The Court, accordingly, ORDERS that:](https://cdn.bsky.app/img/feed_thumbnail/plain/did:plc:qrllvid7s54k4hnwtqxwetrf/bafkreib2js2ks6eguael4wzyyccepyqhjcz35e5xavjbxzx3ob2k27ts2i)
