Secretary of State Marco Rubio has announced that the Trump administration is unable to comply with a federal judge’s directive to either return or conduct hearings for numerous deported Venezuelans. This decision, Rubio explained, is due to the “delicate” state of diplomatic relations between the United States and Venezuela.

The backdrop to this situation involves the recent rapid ousting of Venezuelan leader Nicolas Maduro by U.S. forces, followed by his extradition to New York. In light of these events, the Trump administration has stated that it cannot fulfill the order from Chief U.S. District Judge James Boasberg, which would grant 137 Venezuelan men their due process rights.

In a two-page document submitted on Monday responding to Judge Boasberg’s directive, Rubio detailed the “surgical” operation that led to the detention of Maduro and his wife, Cilia Flores. They are currently facing charges related to narco-terrorism conspiracy, among other allegations.

Rubio emphasized, “In the wake of this operation, the situation in Venezuela remains fluid.” He further noted, “The United States is committed to fostering changes in Venezuela that will be advantageous for both the U.S. and the Venezuelan people, who have suffered immensely. Our efforts require ongoing, intense, and extraordinarily delicate negotiations with elements within the regime of Maduro’s successor, Acting President Delcy Rodríguez.”

However, Rubio also pointed out that while the U.S. has played a significant role in shaping the current scenario in Venezuela, it cannot comply with Boasberg’s request to engage with Rodríguez. Such an action, he asserted, “would risk material damage to U.S. foreign policy interests.”

And, in his eyes, that “assessment holds true whether the proposal is to transport class members to a U.S. jurisdiction or to arrange remote hearings from Venezuela” given that the latter “present[s] a serious risk of intentional interference by anti-American elements in Venezuela that would undermine the interests of justice.”

The chief judge of the U.S. District Court for the District of Columbia has been severely critical of the administration previously in this case. Following the Venezuelan men’s summary deportation to El Salvador on allegations of gang affiliation and their subsequent lawsuit seeking their return, Boasberg wrote in his December order that “this Court is declaring that Plaintiffs should not have been removed in the manner that they were, with virtually no notice and no opportunity to contest the bases of their removal, in clear contravention of their due-process rights.”

The fact that the 252 Venezuelans — of whom 137 joined the suit — had since been sent back to Venezuela and released from law enforcement custody made little difference, Boasberg opined. The Trump administration still had to take steps to ensure they could file habeas petitions — or directly challenge their detentions.

Rubio and the Department of Justice (DOJ), however, still maintain that their return to Venezuela last July changes things.

“Given the passage of time, the U.S. government does not know—nor does it have any way of knowing—the whereabouts of class members, including whether anyone has departed Venezuela or whether the regime subsequently took anyone back into custody,” he wrote.

The DOJ elaborated, saying, “circumstances in Venezuela have materially changed since the Court issued its order.”

“Nicolas Maduro is now in United States custody awaiting trial; the situation on the ground in Venezuela is in flux; and the United States’ relations with the regime of Maduro’s successor, so-called Acting President Delcy Rodriguez, are at an extraordinarily sensitive juncture,” the DOJ wrote to the judge. “In response to the Court’s order, given the fluid situation in Venezuela, Defendants do not believe there is any feasible way to allow class members to file habeas petitions at this time.”

The agency continued, saying it is not feasible to hold so many remote hearings — as the U.S. could not reasonably enforce perjury laws, verify the identities of the individuals testifying, or prevent against purposeful interference, and conducting such hearings in the country could “prompt diplomatic issues with the existing regime in Venezuela.” Furthermore, “requiring engagement with the Rodriguez regime on this issue would disrupt ongoing negotiations.”

The DOJ declared that if Boasberg reaffirms his order, it intends to appeal it.

The latest filings reflect a new chapter of the roughly 10-month saga between the Trump administration and Boasberg. While the Barack Obama appointee has excoriated the administration for its actions, so too has Trump himself taken aim at the judge. The commander in chief has called for Boasberg’s impeachment and members of his Cabinet have accused him — without evidence — of being an “activist” judge.

Maduro, for his part, has pleaded not guilty to the charges against him, saying he was “kidnapped” from his country.