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The Trump administration has formally invoked the state secrets privilege in a federal court case involving Kilmar Abrego Garcia, a man deported to El Salvador despite a judge’s order protecting him from removal. U.S. District Judge Paula Xinis confirmed the move Wednesday, requiring formal briefings from both sides ahead of a May 16 hearing.

Abrego Garcia was deported in March based on allegations that he is affiliated with MS-13, claims the government says are backed by a confidential informant. His family disputes the accusations, and the Supreme Court recently ruled that the U.S. must “facilitate” his return.

The case has since escalated in secrecy. After initially ordering aggressive discovery, Judge Xinis briefly paused proceedings following sealed filings. She later resumed the case and scheduled depositions of four Trump officials—now likely to be impacted by the privilege claim.

This is the second time the administration has used state secrets protections in lawsuits over deportations to El Salvador. A coalition of news outlets is also seeking to unseal related filings, with a separate briefing deadline set for May 27.


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