The Trump administration has invoked the state secrets privilege to block a federal judge’s inquiry into the much-debated deportation of Salvadoran national Kilmar Abrego Garcia, marking the second such move in recent weeks, Politico reported.
The Trump administration has again invoked the state secrets privilege, this time in response to a federal judge’s investigation into the deportation of Abrego Garcia, drawing judicial scrutiny and intensifying debate over executive secrecy.
U.S. District Judge Paula Xinis disclosed the administration’s decision in a court order Wednesday, asking for a comprehensive legal briefing on the implications of the privilege claim and how it may affect her inquiry. The case centers on whether the deportation violated existing court orders.
“It’s the second time in recent weeks that the Trump administration has invoked the state secrets privilege in order to frustrate judges’ demand for information about potential violations of court orders related to summary deportations,” she said.
Xinis, appointed by President Barack Obama, demanded the legal arguments by Monday and set a hearing for next week in her Maryland courtroom. Her inquiry comes as attorneys for Abrego Garcia are deposing Trump administration officials about the circumstances of his removal.
Earlier in March, Secretary of State Marco Rubio, Homeland Security Secretary Kristi Noem, and Attorney General Pam Bondi supported using the privilege after U.S. District Judge James Boasberg requested details about flights to El Salvador that carried deported migrants. Those removals were carried out under a rarely used presidential war power.
Boasberg, who has yet to issue a ruling on the legitimacy of the privilege claim, previously voiced skepticism. He emphasized that federal judges frequently handle sensitive national security materials in secure settings, even when such documents are withheld from the public record.
The Trump administration’s use of the state secrets privilege — typically reserved for national security matters — in immigration enforcement cases has raised alarms among legal experts and civil rights advocates. But officials have insisted that disclosing the information could jeopardize classified operations and diplomatic relations.
The court proceedings arrive at a politically sensitive moment, with Trump’s second-term immigration policies drawing renewed scrutiny. The case of Abrego Garcia, who was removed from the country despite pending legal questions, has become a flash point in the administration’s broader enforcement strategy.
The hearing is scheduled for next week in the U.S. District Court for the District of Maryland.
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