Greetings. This installment of immigration disclosures highlights a Freedom of Information Act (FOIA) request on the use of military aircraft to carry out deportations; a blog on a DC federal court’s ruling that the Department of Government Efficiency (DOGE) is subject to public oversight through FOIA; and an article featuring the Transparency Team on the expansion of the military’s involvement in immigration and mass deportation.
|
|
|
• A federal court in the District of Columbia found that the DOGE is subject to public oversight through FOIA. The decision is a victory for government transparency and democracy as a whole, as it requires that DOGE disclose records it has created to the public when requested under FOIA. Read our analysis here.
• President Trump and Governor Abbott of Texas have claimed there is an invasion at the southern border even though border crossings are at an all-time low. Due to their claim, the Trump administration is expanding the military’s involvement in immigration enforcement, increasing the government’s capacity for mass deportation. The Border Chronicle interviewed Staff Attorney, Chris Opila, on these efforts. Read the article here.
|
The Council Files a FOIA with the U.S. Air Force on the Use of Military Aircraft to Remove Migrants from the United States
|
On March 21, the Council filed a FOIA request with U.S. Air Force (USAF) regarding the use USAF planes to deport migrants from the United States. On January 24, 2025, the U.S. government for the first time began utilizing military aircraft to carry out deportation flights. Between January to March 2025, reporters tracked approximately 30 military flights deporting noncitizens to countries around the world – though the exact number remains unknown. While reports suggest that the last military deportation flight took off on March 1, and Pentagon officials confirmed it has not scheduled further flights, the U.S. Department of Defense has indicated that it would comply with any future requests to provide support in this endeavor.
Because this is the first time the U.S. government used military aircraft to carry out deportation flights, little public information exists regarding the procedures used by the USAF to carry out deportation flights, or the military’s training in handling migrants. Many regional government officials have expressed concern regarding the treatment of their citizens on U.S. military aircrafts, particularly the use of handcuffs and chains. Some even submitted formal complaints to the United States.
Additionally, the Trump administration has deported hundreds of migrants to third countries using USAF planes, including Panama, Costa Rica, and possibly Guatemala. Yet, little concrete information exists on the circumstances, planning, and logistics behind third-country deportations. Days after migrants had been deported to Costa Rica, the country’s ombudsman noted that migrants appeared in “visible distress,” many did not even know which country they were in. Many of these flights were comprised largely of children and families. Communication between USAF personnel and migrants regarding their deportation remains unknown.
The use of military deportation flights has drawn significant public attention. Members of Congress have denounced the use of military aircraft to carry out deportations stating the Posse Comitatus Act bars federal troops from participating in civilian law enforcement except when expressly authorized by law. As such, the request seeks records and data from USAF about how the agency conducts military deportation flights. This includes training materials given to USAF personnel, standards USAF must follow on deportation flights, as well as flight manifests and flight logs.
|
• The military typically does not carry out deportation flights and therefore does not typically undergo training for immigration enforcement activities. Involving untrained military personnel heightens the risk of human rights abuses. • The Posse Comitatus Act forbids using military personnel for domestic law enforcement. Directing U.S. troops to support immigration enforcement could violate the law. |
|
|
|
The American Immigration Council works to hold the
government accountable on immigration issues. We harness freedom of information requests, litigation, and advocacy to expose the wrongdoing and promote transparency within immigration agencies. Make a donation today.
|
|
|
|
|
