Defense attorneys for alleged MS-13 gang member Kilmar Abrego Garcia are pushing to interrogate top federal officials from three departments about his controversial transfer from El Salvador, with the government invoking state secrets privilege to block crucial testimony.

At a Glance

• Lawyers for Kilmar Abrego Garcia seek additional depositions from DHS, State Department, and DOJ officials regarding his release from El Salvador
• The defense has filed a motion with U.S. District Judge Paula Xinis to prevent “bandying” and obtain necessary information
• The Trump administration has invoked “state secrets privilege” to avoid answering questions about the deportation
• Four depositions have been approved with three completed, but defense claims they still lack critical information
• A hearing on privilege issues is scheduled for May 16, with briefs due by May 12

Defense Team Expands Inquiry to Multiple Federal Agencies

Attorneys representing Kilmar Abrego Garcia have filed a motion in Maryland federal court seeking authorization to depose officials from the Department of Homeland Security, State Department, and the Department of Justice. The request centers on determining what actions the Trump administration took to facilitate Abrego Garcia’s release from custody in El Salvador, a case that has drawn significant attention due to alleged MS-13 gang connections.

Judge Paula Xinis has already approved four depositions, with three completed, but the defense team argues these have failed to provide sufficient information about the government’s efforts regarding their client. The motion specifically aims to prevent what they describe as “bandying” – a legal tactic where witnesses redirect questioning to others without providing substantive answers.

🧭 There’s a lot of controversy—and more than a few inconsistencies—surrounding the case of Kilmar Armando Abrego García.

Some say he’s a dangerous MS-13 gang member. Others say he’s a wrongfully deported father with legal status and no criminal record. With everything going on…

— I AM THAT, I AM (@IAM41776311) April 15, 2025

State Secrets Privilege Creates Legal Hurdles

A significant complication in the case involves the Trump administration’s invocation of the “state secrets privilege” – a powerful legal doctrine that allows the government to withhold information in judicial proceedings when disclosure might harm national security. Judge Xinis has noted this specific obstacle in court proceedings, setting a deadline of May 12 for both parties to file briefs on this privilege claim, with a hearing scheduled for May 16.

“is a citizen of El Salvador and should never have been in this country, and will not be coming back to this country.”, said DHS Secretary Kristi Noem.

The defense team has indicated they may even seek testimony from White House officials, suggesting the decisions about Abrego Garcia may have involved high-level administration involvement. When Fox News Digital reached out to the relevant departments and the White House for comment, none had provided a response at the time of reporting.

Broader Context of MS-13 Deportation Practices

This case exists within a larger pattern of the administration’s handling of alleged MS-13 members. The government has acknowledged deporting Abrego Garcia by mistake but maintains he has MS-13 affiliations and a history of domestic abuse. Similarly, in another recent case, a federal judge dismissed a gun charge against Henrry Josue Villatoro Santos, whom the administration had labeled a top MS-13 leader.

“America is safer today because one of the top domestic terrorists in MS-13, he is off the streets.”, said Attorney General Pam Bondi.

The Trump administration has deported numerous migrants with alleged gang connections to El Salvador’s Terrorism Confinement Center, many without established criminal records in the United States. A federal judge previously ruled that the government could not use the Alien Enemies Act to send immigrants to detention in El Salvador, creating potential precedent relevant to the Abrego Garcia case.

Due Process Concerns Emerge in Similar Cases

Legal experts monitoring these cases have expressed concerns about due process rights. In the parallel Villatoro Santos case, attorney Muhammad Elsayed criticized the government’s approach, arguing his client was being used as a political tool rather than being afforded proper legal proceedings. Villatoro Santos remains in ICE custody in Virginia awaiting an immigration court hearing scheduled for June 3.

“No one in America should have to wonder whether they will be afforded their basic due process rights when they are detained by the government, and no one should live in fear that they may be forcibly disappeared to a foreign autocracy in the middle of the night.”, said Muhammad Elsayed.

The government maintains its right to remove undocumented individuals regardless of filed charges, while defense attorneys argue that proper judicial process must be followed. The upcoming May hearing in the Abrego Garcia case will likely provide crucial insights into how courts will balance national security claims against defendants’ rights to access potentially exculpatory information.