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Federal Judge Reviews State Secrets Claim in Wrongful Deportation Case

Judge Paula Xinis considers Trump administration's invocation of state secrets privilege as Kilmar Abrego Garcia remains detained in El Salvador despite court orders for his return.

Jennifer Vasquez Sura, the wife of Kilmar Abrego Garcia of Maryland, who was mistakenly deported to El Salvador, speaks during a news conference at CASA's Multicultural Center in Hyattsville, Md., Friday, April 4, 2025. (AP Photo/Jose Luis Magana)
FILE - President Donald Trump holds a document with notes about Kilmar Abrego Garcia as he speaks with reporters in the Oval Office of the White House, April 18, 2025, in Washington.(AP Photo/Alex Brandon, File)
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Overview

  • Kilmar Abrego Garcia was deported to El Salvador in March 2025 despite a 2019 court ruling protecting him from removal due to persecution risks.
  • The U.S. Supreme Court and Judge Paula Xinis have ordered the Trump administration to facilitate Garcia's return, but compliance remains in question.
  • The administration argues that disclosing details about its efforts to secure Garcia's release would harm national security and foreign relations, invoking the state secrets privilege.
  • Garcia's attorneys accuse the government of stonewalling and failing to make meaningful efforts to comply with court orders for his return.
  • Democrats in Congress are calling for hearings to examine due process failures and constitutional concerns raised by Garcia's deportation and ongoing detention.