The administration of President Donald Trump has taken a significant step in the case of Kilmar Abrego Garcia, a deported illegal alien gang member, which is expected to be met with disapproval by the federal judge responsible for overseeing a particular facet of the case.
The Justice Department has asserted the state secrets privilege in reaction to U.S. District Judge Paula Xinis’ request for additional information regarding the case, as reported by Politico.
This marks the second occasion on which the privilege has been invoked in this matter, the initial instance arising when Chief U.S. District Judge James Boasberg requested additional information concerning the deportee.
The report indicated that the utilization of the privilege was disclosed in an order issued by Xinis on Wednesday.
The Court mandates a formal submission regarding the Defendants’ claims of privilege, primarily concerning the state secrets and deliberative process privileges, as outlined in ECF No. 112, according to the order.
Therefore, by Monday, May 12, 2025, both parties are required to submit simultaneous briefs, limited to 25 pages excluding exhibits, which will outline the legal and factual justifications for invoking those privileges. This includes the Plaintiff’s request for the Court to perform an in camera review of the documents that have been withheld. Additionally, on the same date, the Defendants must present the privilege log referenced in ECF No. 112 to the Court.
The Department of Justice is currently investigating a prior traffic stop involving Abgrego Garcia conducted by the Tennessee Highway Patrol in 2022, as reported by ABC News.
Abrego Garcia, a citizen of El Salvador, made news when he was deported from Maryland to a prison in his home country by the Trump administration in March.
In 2011, he entered the United States illegally, as reported. Body camera footage from the Tennessee Highway Patrol, obtained by Fox News, captured the interaction between officers and Abrego Garcia in November 2022.
At that moment, state officials had suspicions regarding Abrego Garcia’s involvement in human trafficking and stopped him for exceeding the speed limit. He was traveling in the vehicle with eight other individuals.
Abrego Garcia informed the officers that they were engaged in a construction project in Missouri. The officers chose not to issue a ticket to Abrego Garcia and permitted him to continue on his way.
ABC News has reported that the vehicle driven by Abrego Garcia was registered to Jose Ramon Hernandez-Reyes, aged 38.
As reported by the outlet, federal agents conducting an investigation into the traffic stop interrogated Hernandez-Reyes last month at the Federal Correctional Institution in Talladega, Alabama, and discovered that he had employed Abrego Garcia on multiple occasions to facilitate the transportation of undocumented migrants from Texas to various destinations within the United States.
According to sources who communicated with Fox News, the FBI under Joe Biden instructed law enforcement in Tennessee to release an individual despite ongoing suspicions of human trafficking and the smuggling of undocumented immigrants.
During a segment of the show last week, host Jesse Watters presented a video clip featuring Abrego Garcia’s encounter with law enforcement, which depicted the officers interrogating the suspect.
During the traffic stop, Abrego Garcia informed the officers that he and his companions were en route to Missouri for work, while also stating that he resided in Maryland. The officers grew suspicious upon realizing that Abrego Garcia and his companions were traveling without any luggage or personal items.
He was identified as a suspect in a human trafficking case that dates back three years, and Fox Digital has recently obtained the body camera footage,” Watters stated while presenting the clip. “You are witnessing it here for the first time. The Tennessee Highway Patrol pulled over Kilmar for speeding and observed that he had eight additional individuals in the vehicle, all of whom were without luggage.
Following discussions with Kilmar, Watters stated, the officers were convinced of his involvement in trafficking. In the footage, one of the officers is seen making a phone call, Watters added. The audio from the body camera is interrupted for over ten minutes. According to sources, the call was with the FBI under Joe Biden, which instructed the police not to apprehend Kilmar at that moment.
