Trump administration invokes state secrets privilege over Abrego Garcia deportation case

U.S. District Judge Paula Xinis instructed the DOJ to supply a legal brief on the decision by Monday, and will hold a hearing on the matter next week.

Published: May 7, 2025 7:05pm

The Justice Department (DOJ) on Wednesday formally invoked the state secrets privilege regarding information on the deportation of suspected MS-13 gang member Kilmar Abrego Garcia, who was deported to El Salvador earlier this year.

The DOJ previously indicated they could invoke the privilege in order to avoid turning documents over to a federal judge who is overseeing the case. Abrego Garcia has become the face of one of the biggest deportation cases in recent history.

U.S. District Judge Paula Xinis revealed the move in a court order, where she requested a legal briefing on the reason for the decision and how it could impact her investigation. 

“The Court requires formal briefing of the Defendants’ invocations of privilege, principally the state secrets and deliberative process privileges,” the judge wrote, per The Hill.

The Justice Department's move marks the second time it has invoked the privilege this year, after the department made the same move in March to avoid complying with U.S. District Judge James Boasberg's request for information on the timing of the Trump administration's deportation flights. He has not decided whether the invocation is valid.

Xinis instructed the DOJ to supply the legal brief on the move by Monday, and said she will hold a hearing on the matter in Maryland next week, Politico reported.

Misty Severi is a news reporter for Just The News. You can follow her on X for more coverage.

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