The attorney for Kilmar Abrego Garcia has requested the federal judge to allow access to additional depositions from officials at the Department of Homeland Security (DHS), the Department of State, and the Department of Justice (DOJ).
In a motion submitted on Wednesday, Abrego Garcia’s legal team urged Maryland District Judge Paula Sini to compel the government to identify representatives from these agencies. They referenced federal regulations aiming to prevent workplace “banding,” arguing that this would be the most straightforward and efficient way to gather necessary information.
“Enabling the government to choose its own Rule 30(b)(6) representatives allows the plaintiffs to avoid placing an unnecessary burden on department heads and ensures that the selected representatives are fully informed about the specific issues relevant to this case,” they stated.
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While the court has already approved four depositions, three of which have been conducted, the plaintiffs expressed concerns about lacking insight into the government’s efforts regarding Abrego Garcia’s release and return to the U.S.
The lawyers also indicated that there might be a request from the White House for Abrego Garcia to testify. They noted, “As suggested by official statements, this case involves decisions made at the White House alongside those from the three departments. Thus, depending on the information gathered from the depositions already conducted, additional testimony from a knowledgeable representative of the White House may be necessary.”
This latest filing also includes excerpts from ongoing depositions concerning Abrego Garcia’s custody status.
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In a two-page order issued on Wednesday, Judge Sini pointed out that the Trump administration is claiming “state secrets privilege” to evade answering questions about Abrego Garcia’s deportation.
The judge has set a deadline of May 12 for submitting a brief to analyze the legal basis for this privilege, with a court hearing scheduled for May 16 regarding the Maryland Greenbelt.
During her testimony before the Senate Budget Committee, DHS Director Christa Noem asserted that Abrego Garcia is a citizen of El Salvador and has not returned to the U.S.
Noem remarked, “There’s no scenario in which Abrego Garcia returns to the U.S. If he does, he will be considered a terrorist and will be deported immediately. He’s involved in human smuggling and has a history of domestic violence against his wife.”
The secretary criticized Abrego Garcia as a danger to the U.S.
She highlighted that he doesn’t belong in the country and is not a citizen. Initially, the Trump administration acknowledged that he was wrongly deported to El Salvador, but then raised concerns regarding alleged connections to MS-13 and reported abuse during his time in Maryland.
