US files motion to dismiss lawsuit over Kilmar Abrego Garcias deportation

Published: Wednesday, May 28, 2025 at 8:09 pm

US Government Seeks to Dismiss Lawsuit Over Deported Man, Citing Lack of Jurisdiction

The Trump administration is attempting to shut down the lawsuit concerning the mistaken deportation of Kilmar Abrego Garcia, a Maryland construction worker, to El Salvador. In a recent filing, the U.S. government argued that the court lacks jurisdiction because Abrego Garcia is no longer within the United States. This procedural move, filed late Tuesday, was a required response to Abrego Garcia's lawsuit, which was filed two months ago.

The case has seen little progress despite a judge's order for Abrego Garcia's return and a subsequent Supreme Court ruling supporting his repatriation. President Trump stated in late April that he could arrange Abrego Garcia's return with a phone call, but he declined, citing allegations that Abrego Garcia is a member of the MS-13 gang, a claim Abrego Garcia denies and for which he was never charged.

Instead of using the President's explanation, the government has argued in court that information about Abrego Garcia's return is protected by the state secrets privilege, a legal doctrine often used in military cases. They claim releasing details would jeopardize national security by revealing sensitive diplomatic negotiations, leading to many sealed filings.

Abrego Garcia's attorneys accuse the administration of using the privilege to conceal their misconduct in deporting him and refusing to bring him back. His deportation violated a 2019 immigration judge's order that protected him from expulsion due to potential persecution by a Salvadoran gang. U.S. District Judge Paula Xinis ordered his return on April 4, and the Supreme Court supported this on April 10. Judge Xinis has yet to rule on the government's state secrets claim, finding their initial explanation inadequate. She also denied the government's request for a 30-day extension before the motion to dismiss was filed. Abrego Garcia's attorney, Simon Sandoval-Moshenberg, called the motion a rehash of previously rejected arguments, filed simply to meet a deadline.

BNN's Perspective: This case highlights the complexities and potential pitfalls of immigration enforcement. While the government has a right to protect national security, the use of the state secrets privilege in this instance raises concerns about transparency and accountability, especially given the conflicting statements and the lack of concrete evidence against Abrego Garcia. The situation underscores the need for a fair and efficient immigration system that respects due process and human rights.

Keywords: Kilmar Abrego Garcia, deportation, lawsuit, Trump administration, El Salvador, state secrets privilege, MS-13, Judge Paula Xinis, Supreme Court, immigration, legal, court, jurisdiction, national security, return, government, attorney, Maryland, construction worker, mistaken deportation, immigration judge, persecution, Salvadoran gang, procedural move, dismissal, transparency, accountability.

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