A federal judge in Maryland is set to hear arguments on Friday regarding the Trump administration's attempt to invoke the state secrets privilege in the matter of Kilmar Abrego Garcia's return to the United States. U.S. District Judge Paula Xinis, who previously ordered Abrego Garcia's return from El Salvador in April, has directed the administration to present documents and testimony detailing its actions, if any, to comply with her ruling.
Abrego Garcia's lawyers argue that the Trump administration has not demonstrated “the slightest effort” to retrieve him following his wrongful deportation. This deportation violated a U.S. immigration judge’s 2019 order that protected Abrego Garcia from being sent back to El Salvador due to the risk of persecution from local gangs that had previously terrorized his family. In response to his deportation, Abrego Garcia's American wife filed a lawsuit, leading to Judge Xinis's order for his return on April 4. The Supreme Court upheld this ruling on April 10, mandating that the administration must take steps to bring him back.
During the upcoming hearing, the focus will be on the legal doctrine of the state secrets privilege, which is typically invoked in cases involving military operations and intelligence agencies. The Trump administration's attorneys argue that many details regarding Abrego Garcia's case involve sensitive diplomatic negotiations that, if disclosed, could jeopardize national security. They claim that revealing specifics could deter foreign governments from cooperating with the United States.
In a legal brief submitted earlier this week, the Trump administration asserted that they had provided extensive documentation—totaling 1,027 pages—to demonstrate compliance with Judge Xinis's order. However, Abrego Garcia's legal team contends that the government is using the state secrets privilege as a shield to hide its failures. They highlighted a recent interview with former President Donald Trump in which he acknowledged the possibility of bringing Abrego Garcia back but indicated he would not do so.
Abrego Garcia's lawyers have pointed out contradictions between the government's public statements and its actions in court. They noted that while U.S. attorneys claim to be adhering to the court's orders, senior officials, including Attorney General Pam Bondi, publicly stated that Abrego Garcia would not be returning to the U.S. This inconsistency raises questions about the administration's commitment to complying with judicial rulings.
In their brief, Abrego Garcia’s attorneys argued that the state secrets privilege should not be used to conceal governmental errors or misconduct. They assert that the details being requested do not pose a risk to national security, citing various official statements from the government that confirm the information could be disclosed without compromising safety.
The hearing is scheduled to commence at 1 p.m. in federal court located in Greenbelt, Maryland. The outcome of this hearing could significantly impact the ongoing legal battle surrounding Abrego Garcia's case and determine whether the Trump administration has indeed complied with the court's order to facilitate his return.
It is important to note that Abrego Garcia was deported based on a 2019 accusation from Maryland police alleging that he was affiliated with the MS-13 gang. However, his attorneys emphasize that Abrego Garcia has denied these allegations and was never formally charged with any crime.
