MARYLAND — Lawyers representing Kilmar Abrego Garcia, a Maryland man who was illegally deported to El Salvador, are now urging a federal judge to end what they call a “regime of secrecy” in the case — a legal battle that has drawn national attention and involves questions of government misconduct, court defiance, and alleged abuse of privilege.
Abrego Garcia Was Wrongfully Deported, Supreme Court Confirms
In a major development, the U.S. Supreme Court unanimously ruled that Abrego Garcia was protected by a court order from being removed to El Salvador. That ruling declared his deportation was illegal.
But now, a month later, he remains in El Salvador, and his legal team says the U.S. government has done nothing to bring him back, despite public admissions that his deportation was a mistake.
Lawyers Push Back Against Secret Court Proceedings
In a 31-page legal memo filed Monday in Maryland federal court, Abrego Garcia’s attorneys ask Judge Paula Xinis to overrule secrecy claims used by the government, particularly under state secrets and deliberative process privileges.
The lawyers argue the Trump administration is avoiding transparency, even while publicly discussing the case — including a recent TV comment from Donald Trump, who said he could have Abrego Garcia returned, but his lawyers advised against it.
“The government says one thing in public, but hides behind legal secrecy in court,” the lawyers argue.
Government Secrecy Criticized as Cover-Up
The memo strongly criticizes the use of state secrets privilege, which is meant to protect true national security information. In this case, the attorneys argue, there is no national security risk.
“No military or intelligence matters are involved. This is about one wrongfully deported man asking to return for his court hearing,” the lawyers wrote.
The memo also notes that neither the Justice Department nor the Department of Homeland Security properly invoked the privilege. Instead, a declaration was submitted by Secretary of State Marco Rubio, which the plaintiffs say fails to meet legal standards.
“There’s no explanation of how returning this man would threaten national security,” the filing states.
Trump Comments Contradict Secret Government Claims
Lawyers for Abrego Garcia point out that, while the government tells the court — in sealed, private communications — that they are working to bring him back, Trump and other officials have said publicly that they are not.
“This contradiction is exactly why the court should be skeptical of the government’s secrecy,” they wrote.
Claims of Privilege Called Legally Weak
Abrego Garcia’s attorneys also challenge the use of the deliberative process privilege, which is meant to protect how the government considers decisions — but not the final decisions themselves.
They say the government missed a legal deadline to properly assert the privilege and never provided evidence to back it up. As a result, they argue, that claim should be thrown out.
“The government failed to explain what it wants to keep secret and why,” the memo says.
Attorneys Ask Judge to Review Secret Documents Herself
As a compromise, Abrego Garcia’s lawyers suggest that Judge Xinis review the disputed materials privately in her chambers — a process called in camera review — to determine whether the secrecy claims are truly justified.
