The U.S. Department of Justice has once again invoked the state secrets privilege in the ongoing legal case involving Kilmar Abrego Garcia, a deported Salvadoran national whose circumstances have attracted significant attention. The announcement came via a court order issued by Judge Xinis, which also called for comprehensive legal briefs on the invoked privileges.
The situation began to unfold when Kilmar Abrego Garcia, who unlawfully entered the United States in 2011, was deported in March 2025 from Maryland to El Salvador by the Trump administration. The deportation occurred amidst a series of legal and investigative developments, intensifying the mystery surrounding his case.
A critical event in this saga was a traffic stop in 2022 by the Tennessee Highway Patrol, where Abrego Garcia was pulled over for speeding while traveling with eight other individuals. The state officers, suspecting possible human trafficking, decided to let him go without issuing a citation. This decision, as later reports by ABC News revealed, was influenced by the FBI's advice to Tennessee authorities, a move that has raised eyebrows and prompted further investigation.
The vehicle Abrego Garcia was driving during the stop was registered to Jose Ramon Hernandez-Reyes, an inmate at a federal facility in Alabama. Hernandez-Reyes reportedly paid Abrego Garcia multiple times for transporting undocumented migrants from Texas.
Fox News obtained body camera footage from the traffic stop, showcasing the officers' growing suspicion due to the passengers' lack of luggage. Notably, a phone call made during the stop had its audio cut for about ten minutes, which sources say involved the FBI instructing the officers on how to proceed.
The invocation of the state secrets privilege, a measure allowing the government to withhold information in legal proceedings if disclosure would harm national security, has been used twice now in Abrego Garcia's case. The first instance occurred when Chief U.S. District Judge James Boasberg sought additional details about Abrego Garcia's background and deportation.
The court's latest order demands all parties submit their legal briefs, not exceeding 25 pages, by May 12, 2025. These briefs must articulate the legal and factual bases for the asserted privileges, and a privilege log must accompany them, as referenced in previous court filings.
The Department of Justice's use of the state secrets privilege may determine the extent of publicly available information, shaping the investigation's future and legal proceedings. With the May 12 briefing deadline approaching, further developments are anticipated as the case continues to unravel.
