DOJ Invokes State Secrets Privilege in Case Involving Deported Salvadoran National Kilmar Abrego Garcia
The U.S. Department of Justice has invoked the state secrets privilege in the legal case involving deported Salvadoran national Kilmar Abrego Garcia.
The move was made in response to a demand from U.S. District Judge Paula Xinis for more detailed information related to the case.
This marks the second time the state secrets privilege has been used in this matter.
The first instance occurred when Chief U.S. District Judge James Boasberg also sought additional details concerning Abrego Garcia’s background and deportation.
Judge Xinis disclosed the invocation of the privilege in a court order issued on Wednesday.
The order outlined a request for formal legal arguments regarding the privilege claims, particularly concerning state secrets and deliberative process protections.
The court directed all parties to submit legal briefs by May 12, 2025, per the Conservative Brief.
Each brief must not exceed 25 pages, not including exhibits, and should address both legal and factual foundations for the asserted privileges. The defendants were also instructed to provide a privilege log as referenced in the court’s earlier filings.
Additionally, the Department of Justice is reviewing a 2022 traffic stop involving Abrego Garcia by the Tennessee Highway Patrol.
This encounter occurred before his deportation and has drawn renewed interest as part of the broader investigation.
Abrego Garcia entered the United States unlawfully in 2011. In March 2025, he was deported from Maryland to a prison facility in El Salvador by the Trump administration. His deportation followed various legal and investigative developments.
The 2022 traffic stop in Tennessee involved Abrego Garcia being pulled over for speeding. At the time, he was traveling with eight other individuals. State officers suspected possible human trafficking activity during the stop.
Abrego Garcia told law enforcement that he and the passengers had been working on a construction project in Missouri. Despite concerns, the officers allowed him to continue without issuing a citation.
ABC News later reported that the car he was driving was registered to Jose Ramon Hernandez-Reyes, a 38-year-old inmate at a federal facility in Alabama. Investigators questioned Hernandez-Reyes last month and discovered he had paid Abrego Garcia multiple times to transport undocumented migrants from Texas.
According to law enforcement sources, the FBI advised Tennessee authorities not to detain Abrego Garcia during the 2022 traffic stop. This decision was reportedly made despite suspicions of human trafficking and smuggling at the time.
Body camera footage of the traffic stop was obtained by Fox News. It showed officers questioning Abrego Garcia and growing suspicious due to the lack of luggage among the vehicle’s occupants.
In a broadcast segment, video of the incident was aired showing the initial stop and partial audio from a phone call made by officers during the stop. The audio was reportedly cut for about 10 minutes during that call.
Sources familiar with the matter said the call involved the FBI, which instructed officers not to hold Abrego Garcia. The reasoning behind that decision has not been disclosed.
The case continues to unfold as the court awaits the forthcoming legal briefs. The Justice Department’s use of the state secrets privilege may shape how much information becomes publicly available.
Further developments in the investigation and legal proceedings are expected following the May 12 briefing deadline.
🚨 The Saga Continues! Kilmar Abrego Garcia’s lawyers demand MORE depositions, pushing Judge Xinis for 3 from State, DHS, & DOJ, and maybe even a 4th from the White House!
🇺🇸 The Trump admin’s “state secrets” stand protects national security after Garcia’s deportation to El… pic.twitter.com/F3WnFPU9NC
— PitunisWorld 🌎 (@ScMesab) May 8, 2025
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