by May 16 (UPI) — A federal judge is set to hear arguments Friday on whether the Trump administration can use a legal “privilege” to withhold details about its actions involving Kilmar Abrego Garcia’s deportation. Abrego Garcia was sent in March to the supermax Terrorism Confinement Center, known as CECOT, in El Salvador after being accused of gang ties to MS-13.
In April, the U.S. Supreme Court ruled that the Trump administration had illegally deported Abrego Garcia and ordered his return to the United States.
Abrego Garcia’s lawyers are still fighting to bring him back, claiming the government has intentionally delayed his return. In response, the Trump administration has invoked the “state secrets privilege,” which allows the government to keep certain information secret in court if revealing it could threaten national security.
Because of this, U.S. District Judge Paula Xinis has asked both sides to submit additional legal documents explaining the use of this privilege.
On Monday, Abrego Garcia’s attorneys filed papers arguing that the government has yet to provide any proof it is taking steps to secure his release from prison in El Salvador.
Abrego Garcia was born in El Salvador but entered the U.S. illegally in 2011 and lived in Maryland. In 2019, he was granted withholding of removal status, which protects certain immigrants from deportation if they face danger back home—such as from gangs.
He was among hundreds of migrants sent by the Trump administration in March to CECOT. Even though the government admitted his deportation was a mistake, immigration officials have claimed he was involved with MS-13.
However, Abrego Garcia’s legal team insists he was never part of MS-13 and has never been charged or convicted of any crime in the United States.
