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Judge Calls Trump Administration's State Secrets Defense in Deportation Case 'Insufficient'

Federal Judge Paula Xinis demands more detailed justifications as the government faces allegations of stonewalling in efforts to comply with court orders to return Kilmar Abrego Garcia.

A protester can be seen holding a photo of Kilmar Abrego Garcia as demonstrators gather to protest against the deportation of immigrants to El Salvador outside the Permanent Mission of El Salvador to the United Nations on April 24, 2025, in New York City. (Photo by Michael M. Santiago/Getty Images)
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)

Overview

  • Judge Paula Xinis criticized the Trump administration's state secrets affidavit, submitted by Secretary of State Marco Rubio, as lacking sufficient detail to justify withholding information.
  • The administration has produced only 164 documents, many of them redundant, while labeling over 1,140 items as privileged, raising accusations of obstruction by Abrego Garcia's legal team.
  • Despite court orders from both Judge Xinis and the Supreme Court to facilitate Abrego Garcia's return, he remains detained in El Salvador, with the government claiming national security concerns prevent disclosure of efforts.
  • Senior officials, including Attorney General Pam Bondi, have publicly contradicted the administration’s claims of compliance, stating Abrego Garcia will not return to the U.S.
  • The case highlights tensions between judicial oversight and executive authority, with broader implications for due process, transparency, and human rights in U.S. immigration policy.