WASHINGTON โ In an effort to sidestep a judgeโs demands for answers regarding the wrongful deportation of Kilmar Abrego Garcia to El Salvador, the Trump administration is invoking the โstate secrets privilege.โ
On Wednesday, U.S. District Judge Paula Xinis revealed the governmentโs stance in a brief order. She has given a deadline of Monday for lawyers to submit briefs discussing the implications of this decision on Abrego Garciaโs case. Additionally, a hearing has been set for May 16 in Greenbelt, Maryland, to deliberate further on the topic.
Previously, the Republican administration used the same legal authority to block judicial scrutiny into allegations of flouting an order to stop deportation flights sending Venezuelan migrants to El Salvador.
Abrego Garcia, now 29, has been detained in El Salvador, his homeland, for nearly two months due to a deportation error. This incident has highlighted the contentious nature of President Donald Trumpโs immigration policies, leading to increased tensions with the U.S. judicial system.
Trump mentioned he could converse with El Salvadorโs president to facilitate Garciaโs return to the U.S. since he was residing in Maryland before deportation. However, he has instead intensified assertions that Abrego Garcia is linked to the MS-13 gang.
According to Maryland police, Abrego Garcia was labeled an MS-13 member in 2019 based on his tattoos, attire featuring a Chicago Bulls logo, and information from a criminal informant. Despite these claims, Garcia never faced charges. His legal team contends that the informant wrongly identified him as belonging to an MS-13 chapter in New Yorkโa place Garcia has never visited.
As of now, the administration has been reluctant to disclose to Xinis any actions taken, if any, to enable Garciaโs return to the U.S. A ruling by the judge permitted Garciaโs attorneys to question several officials from the Trump administration, under oath, about their compliance with her directives.
In a recent court filing, Garciaโs legal representatives expressed that even after deposing three officials, they remain unclear on the governmentโs moves to release Garcia. They are seeking court approval to question additional officials, which could potentially include personnel from the White House.