Additional Coverage:
A Maryland man mistakenly deported to a Salvadoran prison continues to fight for his return to the U.S., as a federal judge weighs the government’s claim of privilege in withholding details of the case.
Kilmar Abrego Garcia, who had been granted legal status protecting him from deportation, was erroneously sent to El Salvador’s maximum-security CECOT prison in March. While officials admitted the error, the Trump administration has refused to repatriate him, alleging he is an MS-13 gang member based on information from a confidential informant. Garcia’s lawyers deny these claims, stating he has no gang affiliation and a clean criminal record.
Judge Paula Xinis, who previously ordered the administration to facilitate Garcia’s return, granted an expedited discovery process last month after accusing the government of failing to comply. However, the administration has invoked the state secrets privilege and other privileges to withhold information, prompting Judge Xinis to request further legal arguments from both sides.
Garcia’s attorneys are seeking additional depositions, potentially including testimony from a White House official with direct knowledge of the repatriation efforts. The Justice Department opposes this request, deeming it “unreasonable” and exceeding the scope of the permitted discovery.
The case is further complicated by the administration’s assertion that El Salvador, not the U.S., has custody of Garcia due to a financial agreement between the two countries. This argument contradicts previous statements by President Trump and other officials who placed the onus of Garcia’s release on El Salvador. While Garcia has since been transferred to a lower-security facility, his legal battle continues as the court grapples with the government’s claims of privilege.