The Trump administration has invoked the state-secrets privilege to withhold key information in the high-profile case of Kilmar Abrego Garcia, a Maryland resident mistakenly deported to El Salvador. U.S. District Judge Paula Xinis disclosed the Trump administration’s assertion of privilege in a newly issued court order, directing both parties to submit further legal briefs detailing the basis of the claims. The judge gave the deadline of Monday for the filings, signaling the court’s intent to scrutinize the government’s justifications for shielding certain documents from disclosure.
Judge Xinis emphasized that the legal filings must address not only the state-secrets privilege but also related claims, including the deliberative process privilege. She scheduled a hearing for May 16 at the federal courthouse in Greenbelt, Maryland, to evaluate the administration’s position. The judge’s directive followed her earlier warning to government attorneys that each privilege claim must be accompanied by a valid, detailed justification for her review.
Legal Battle Over Withheld Documents Intensifies
The Justice Department’s use of the state-secrets privilege marks a significant escalation in its efforts to block the release of sensitive information surrounding Abrego Garcia’s deportation and attempts to bring him back to the United States. The privilege assertion aims to protect records regarding any agreements between the U.S. and El Salvador, including possible arrangements to house deported individuals at the notorious Terrorism Confinement Center, known as CECOT.
Abrego Garcia’s legal team has pressed the court for access to documents they argue are critical to proving that his removal violated U.S. law. They have also requested that Judge Xinis conduct an independent review of the withheld materials. Meanwhile, government lawyers contend that releasing the information would compromise national security and involve classified details about U.S. diplomatic dealings with El Salvador’s prison system.
Trump Administration Faces Allegations of Bad Faith Conduct
The Trump administration’s legal maneuvers have drawn sharp criticism from Judge Xinis, who last month accused the government of showing a “willful and bad faith refusal to comply with discovery obligations.” Her frustration stemmed from repeated delays and incomplete document productions ordered by the court. In response to the Trump administration’s sealed filings, the judge extended key deadlines but maintained pressure for compliance with the expedited discovery process.
According to the latest order, depositions of four senior officials from the Department of Homeland Security and the State Department must be completed by Friday. The judge has granted Abrego Garcia’s lawyers the right to question these officials under oath to uncover more about the circumstances of his deportation and the government’s reluctance to facilitate his return despite prior court rulings.
Abrego Garcia’s Deportation Sparks Legal and Human Rights Concerns
Kilmar Abrego Garcia, who fled El Salvador in 2011 and settled in Maryland, was granted withholding of removal in 2019 after convincing an immigration judge he faced persecution from local gangs if deported. Despite this protection, he was mistakenly deported in March along with hundreds of migrants sent to CECOT, a prison known for harsh conditions. A federal immigration official later admitted the deportation was an “administrative error.”
Yet the Trump administration has resisted court orders to bring him back, instead alleging—based on confidential informant claims—that Abrego Garcia is tied to the MS-13 gang. His attorneys vehemently deny the accusations, noting he has never been charged with a crime in the U.S. or abroad. “These claims are not only baseless but are being used to justify a grave injustice,” one lawyer said, urging the court to compel the government to act.
Broader Implications for Immigration Policy and Executive Power
The Abrego Garcia case highlights broader tensions between executive authority, national security claims, and individual rights under immigration law. Legal experts warn that the Trump administration’s invocation of the state-secrets privilege could set a precedent for shielding controversial immigration decisions from judicial oversight. “When the government cloaks its actions in secrecy, it undermines accountability and the rule of law,” said an immigration policy analyst.
Meanwhile, Abrego Garcia remains detained at a lower-security facility in Santa Ana, El Salvador, far from his home and family in Maryland. Advocates worry that continued delays jeopardize his safety and due process rights. With the May 16 hearing approaching, the stakes are high as Judge Xinis prepares to rule on the Trump administration’s privilege claims—and the future of Abrego Garcia’s fight to return to the U.S. hangs in the balance.
