The Trump administration has taken steps to have a lawsuit concerning Kilmar Abrego Garcia’s erroneous deportation to El Salvador dismissed by a federal judge, asserting that the court lacks jurisdiction over the matter now that he is no longer within the U.S.
In a procedural response late Tuesday, the U.S. government complied with its obligation to respond within 60 days to the lawsuit filed on behalf of Abrego Garcia. The attorneys for the government have reiterated their earlier arguments that were presented at the end of March, opposing his return to the country.
The filing marks the latest event in an ongoing case that has persisted for over two months with little progress toward a resolution. This is despite a judge’s earlier order for Abrego Garcia’s return, as well as a ruling from the Supreme Court that urged facilitation of his return.
President Trump had stated to ABC News in late April that he was capable of reinstating Abrego Garcia with a simple phone call to the leader of El Salvador. However, Trump mentioned he refrained from doing so, labeling Abrego Garcia as an MS-13 gang member—an accusation Abrego Garcia denies without ever facing charges to that effect.
Inside the Maryland federal court that had directed Abrego Garcia’s return, the Trump administration’s lawyers have not cited the president’s direct reasoning. Instead, they’ve contended that the details surrounding Abrego Garcia’s return are shrouded by the state secrets privilege, a legal strategy commonly applied in issues related to military affairs.
The U.S. attorneys argued that disclosing such information publicly or even privately to the judge could pose threats to national security by compromising sensitive diplomatic talks. Much of the documentation in this lawsuit has been sealed for this reason.
Representing Abrego Garcia, his lawyers have stated that the Trump administration has not made efforts to bring back the construction worker from Maryland. They claim the privilege is being misused to veil the error of his wrongful deportation and the administration’s refusal to facilitate his return.
This deportation violated a 2019 directive from a U.S. immigration judge, who had safeguarded Abrego Garcia against expulsion to his home country. This was based on the judge’s assessment that Abrego Garcia faced a serious threat of persecution from a local Salvadoran gang that had targeted his family.
The deportation prompted a lawsuit from Abrego Garcia’s American wife, leading U.S. District Judge Paula Xinis to order his return on April 4. The Supreme Court further reinforced this, ruling on April 10 that the administration must take action to facilitate his return.
Judge Xinis has not yet decided on the U.S. government’s claim involving state secrets. At a hearing on May 16, she expressed that the government’s rationale for this claim was lacking and granted the Trump administration additional time to supply further details.
Currently, she has also not ruled on the Trump administration’s Tuesday motion to dismiss the lawsuit. Earlier that day, the U.S. government had sought a 30-day extension, which Xinis denied.
“The Court has conducted no fewer than five hearings in this case and at no point had Defendants even intimated they needed more time to answer or otherwise respond,” wrote Judge Xinis in her response.
Abrego Garcia’s attorney, Simon Sandoval-Moshenberg, commented that the administration’s dismissal motion was merely a reiteration of arguments that had previously been rejected, suggesting it was filed solely to adhere to a deadline.