Trump administration invokes state secrets privilege in response to judge’s inquiry into Abrego Garcia

In recent weeks, the Trump administration has again utilized the state secrets privilege to impede judges’ requests for information.

Trump administration invokes state secrets privilege in response to judge’s inquiry into Abrego Garcia
The Trump administration has invoked the state secrets privilege in response to a federal judge’s demand for details about the improper deportation of Salvadoran national Kilmar Abrego Garcia.

U.S. District Judge Paula Xinis revealed the development in an order on Wednesday, requesting a comprehensive legal briefing on the decision and its potential impact on her thorough inquiry into the Trump administration’s management of Abrego Garcia’s case.

This marks the second instance in recent weeks that the Trump administration has used the state secrets privilege to thwart judges’ requests for information regarding possible violations of court orders tied to expedited deportations.

In March, Secretary of State Marco Rubio, Homeland Security Secretary Kristi Noem, and Attorney General Pam Bondi backed the invocation of the state secrets privilege after U.S. District Judge James Boasberg requested information on the timing of flights to El Salvador that were transporting migrants deported under a rarely used presidential war power.

Boasberg has yet to determine whether he regards the privilege assertion as legitimate, although he has voiced skepticism. He noted that judges routinely assess sensitive national security information in secure environments, even if the materials remain sealed from public access.

Xinis, an Obama appointee, is requesting the administration provide detailed legal arguments on the subject by Monday and will convene a hearing in her Maryland courtroom next week to address the issue. This discussion comes as lawyers for Abrego Garcia have been deposing Trump administration officials regarding the circumstances leading to his deportation.

Sanya Singh for TROIB News