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Trump Administration Faces Legal Challenge Over State Secrets in Wrongful Deportation Case

Attorneys for Kilmar Abrego Garcia accuse the government of obstructing court-ordered efforts to secure his return from El Salvador, with a critical hearing set for May 16.

More than 250 suspected gang members arrive in El Salvador by plane, including 238 members of Venezuela's Tren de Aragua gang and 23 members of the MS-13 gang, who were deported to El Salvador by the US in San Salvador, El Salvador on March 16, 2025.
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Overview

  • Kilmar Abrego Garcia was wrongfully deported to El Salvador in March 2025 despite a 2019 court order protecting him from removal due to credible fear of persecution.
  • The Trump administration invoked the state secrets privilege to block court-ordered discovery into its handling of the deportation, claiming national security concerns.
  • Garcia's attorneys argue that the government has failed to produce evidence of any efforts to secure his release and assert that no genuine state secrets are at stake.
  • The Supreme Court unanimously upheld a lower court ruling requiring the administration to facilitate Garcia's return, but the government has yet to comply.
  • A May 16 hearing will address the administration's privilege claims and the ongoing dispute over compliance with judicial orders.