Lawyers for deported Salvadoran urge judge to reject Trump administration’s national security claim
Lawyers representing Kilmar Abrego Garcia are pushing back against the Trump administration’s attempts to withhold information under the guise of national security concerns. They argue that senior officials, including President Donald Trump, have already compromised any potential harm by publicly opposing Abrego Garcia’s return from a Salvadoran prison.
In a recent court filing, Abrego Garcia’s attorneys highlighted the contradictions in the administration’s stance, pointing to remarks made by Trump and other top officials in testimony, interviews, and on social media. Despite court orders to facilitate Abrego Garcia’s return to the U.S., the administration has continued to resist, citing unsupported privileges like state secrets and deliberative process.
The Supreme Court had previously directed the administration to “facilitate” Abrego Garcia’s return, upholding the lower court’s orders. Since then, there have been ongoing disputes over what exactly constitutes facilitating his return, with the administration alleging Abrego Garcia’s ties to the MS-13 gang without concrete evidence.
U.S. District Judge Paula Xinis had ordered expedited discovery to determine the administration’s compliance with the directive to bring Abrego Garcia back to the U.S. She also demanded a privilege log related to the administration’s invocation of the state secrets privilege, giving them a deadline to comply.
The state secrets privilege allows the government to withhold certain information from the courts if it poses a reasonable danger to national security and foreign affairs. However, Abrego Garcia’s lawyers argue that the administration’s invocation of this privilege is merely a smokescreen to obstruct their client’s return.
They point to public statements made by Attorney General Pam Bondi, Secretary of State Marco Rubio, Homeland Security Secretary Kristi Noem, and President Trump himself, all of whom have expressed opposition to Abrego Garcia’s return. These statements, according to Abrego Garcia’s legal team, invalidate any claims of privilege made by the administration.
Despite the administration’s insistence on secrecy and privilege, Abrego Garcia’s lawyers maintain that there is little reason to believe that facilitating his return would compromise national security. They argue that seeking the return of a wrongfully deported individual should not implicate state secrets.
Judge Xinis is set to hear arguments from both sides at a status conference scheduled for Friday in Maryland. Abrego Garcia’s attorneys are urging her to consider the administration’s invocation of state secrets privilege with a skeptical eye, given the public remarks made by senior officials that contradict their legal stance. The goal is to ensure that Abrego Garcia receives a fair chance to have his day in court without unnecessary obstacles from the government.
