A federal judge in Maryland is set to hear arguments today regarding whether the Trump administration can use the state secrets privilege to keep information about the return of Kilmar Abrego Garcia to the United States under wraps. This legal battle arises after U.S. District Judge Paula Xinis ordered Abrego Garcia's return from El Salvador in April, insisting that the administration provide documents and testimony detailing compliance with her order.
Abrego Garcia's deportation occurred in March 2025, an action that violated a 2019 ruling by a U.S. immigration judge who had shielded him from deportation due to the risk of persecution from a local gang that had threatened his family. His wife, a U.S. citizen, subsequently filed a lawsuit, leading to Judge Xinis' ruling on April 4, 2025. The Supreme Court further supported Xinis' order on April 10, mandating that the administration work to facilitate his return.
During the legal proceedings, Trump administration lawyers contend that critical details concerning diplomatic negotiations and the logistics of Abrego Garcia's return are protected under national security claims. They argue that disclosing this information could jeopardize cooperation with foreign governments. In a court brief, the administration expressed concerns that revealing information about their actions could hinder diplomatic relations.
Conversely, Abrego Garcia's legal team asserts that the administration has demonstrated "the slightest effort" to retrieve him following his erroneous deportation. They reference a recent ABC News interview in which President Trump indicated he could bring Abrego Garcia back but chose not to. His lawyers argue that the government has spoken about the case publicly, while insisting on secrecy in court, which raises questions about their commitment to following Judge Xinis' order.
The upcoming hearing will focus on a doctrine typically applied in cases involving military or intelligence matters, which may significantly influence the broader question of whether the Trump administration complied with the court's directive to return Abrego Garcia. The debate over the invocation of state secrets privilege has surfaced as a critical issue in the ongoing case.
In a legal brief filed earlier this week, administration attorneys claimed to have provided extensive documentation—over 1,000 pages—to demonstrate compliance with the court's order. However, they argued that much of this information remains protected under state secrets and deliberative process privileges, preventing further disclosure to Abrego Garcia's legal team. They emphasized that requesting this privileged information constitutes an unwarranted intrusion into the government's operational communications.
Abrego Garcia's attorneys have challenged this stance, urging the judge to remain skeptical of the government’s justification for withholding information. They argue that the state secrets privilege should not serve as a shield for governmental malpractice or errors. They highlighted discrepancies between the administration's in-court claims about following the order and public comments from senior officials, including Attorney General Pam Bondi, who declared on April 16 that Abrego Garcia was "not coming back" to the U.S.
Adding to the controversy, Abrego Garcia was allegedly deported based on accusations from Maryland police linking him to the MS-13 gang, an allegation he denies, asserting that he was never charged with any crime. The Trump administration confessed that the deportation was attributed to an "administrative error," but officials, including Trump, have continued to assert his gang affiliation.
The hearing this afternoon is poised to delve into complex legal arguments that could reshape the administration's approach to the case and determine the next steps regarding Abrego Garcia's return to the United States.
