Kilmar Abrego Garcia lawyers ask for three more depositions from DHS, DOJ and State

The legal team representing Kilmar Abrego Garcia has requested permission from a federal judge to take three additional depositions from representatives of the Department of Homeland Security (DHS), the State Department, and the Department of Justice (DOJ). These depositions are intended to shed light on the Trump administration’s involvement in facilitating Abrego Garcia’s release from custody in El Salvador.

In a motion filed on Wednesday, Abrego Garcia’s lawyers asked U.S. District Judge Paula Xinis of Maryland to compel the government to designate individuals from the aforementioned departments who can provide information on the steps taken to facilitate Abrego Garcia’s release. The lawyers invoked a federal rule to prevent “bandying” of organizations, suggesting that allowing the government to identify its own representatives would be the most efficient way to obtain necessary discovery.

The court has already approved four depositions, three of which have already taken place. However, Abrego Garcia’s legal team claims that they are still unaware of the government’s efforts to secure his release and return to the United States. They also mentioned the possibility of requesting testimony from someone at the White House, as the case may involve decision-making at that level in addition to the three departments.

The motion is partially redacted, with excerpts of previous depositions providing information on Abrego Garcia’s location and custodial status. Judge Xinis, appointed by former President Obama, has set a deadline for both parties to submit briefs on the invocation of “state secrets privilege” by the Trump administration, which has been used to avoid answering questions about Abrego Garcia’s deportation. A court hearing on the matter is scheduled for May 16 in Greenbelt, Maryland.

DHS Secretary Kristi Noem testified before the Senate Appropriations Committee, stating that Abrego Garcia, a citizen of El Salvador, should not have been in the United States and will not be allowed to return. She described him as a terrorist, human smuggler, and wife beater, emphasizing that he is a dangerous individual who does not belong in the country.

The Trump administration initially admitted to deporting Abrego Garcia to El Salvador in error but has since emphasized his alleged MS-13 membership and documented abuse of his wife while living illegally in Maryland. The legal battle surrounding Abrego Garcia’s deportation case continues to unfold, with further depositions and court hearings on the horizon.