The Trump administration is utilizing the “state secrets privilege” to sidestep inquiries regarding the erroneous deportation of Kilmar Ábrego García to El Salvador, as revealed by US district judge Paula Xinis. The administration’s move has prompted a deadline for attorneys to submit briefs on the issue and its potential impact on Ábrego García’s case, with a hearing scheduled for May 16 in Maryland.

This invocation of legal authority mirrors a previous instance where the administration used the same tactic to halt a judge’s investigation into the deportation of Venezuelan migrants to El Salvador. The case of Ábrego García, a Maryland resident detained in El Salvador for nearly two months following his mistaken deportation, has become emblematic of Donald Trump’s immigration policies and strained relationship with the US judiciary.

Despite Trump’s assertion that he could facilitate Ábrego García’s return to the US by contacting El Salvador’s president, he has instead reiterated claims that Ábrego García is affiliated with the MS-13 gang. The identification of Ábrego García as an MS-13 member in Maryland was based on questionable grounds, including tattoos and unverified informant testimony linking him to a New York chapter he has no ties to.

Xinis has authorized questioning of Trump administration officials under oath regarding their actions related to Ábrego García’s case, as his lawyers express frustration over the lack of transparency surrounding efforts to secure his release. The legal proceedings highlight the ongoing tension between the administration and the judiciary in navigating complex immigration issues and individual rights.