DOJ Invokes State Secrets Privilege in Case of Deported Illegal Alien Suspected of Human Trafficking
In a move that’s raising eyebrows in federal court, President Donald Trump’s Department of Justice has once again invoked the rarely used state secrets privilege—this time in the ongoing legal battle surrounding Kilmar Abrego Garcia, an illegal alien with suspected ties to human trafficking networks.
The Justice Department's latest filing is a direct response to U.S. District Judge Paula Xinis, who is presiding over a case involving Garcia and recently demanded greater transparency from the government, according to Politico.
This marks the second time federal prosecutors have used the privilege in this case. The first instance came when Chief U.S. District Judge James Boasberg also sought more details from the government regarding Garcia’s detention and deportation.
The invocation of the privilege was revealed in a judicial order issued by Judge Xinis on Wednesday.
“The Court requires formal briefing of the Defendants’ invocations of privilege, principally the state secrets and deliberative process privileges, as discussed in ECF No. 112,” the order stated.
“Accordingly, by Monday May 12, 2025, the parties shall submit simultaneous briefs, not to exceed 25 pages exclusive of exhibits, addressing the legal and factual bases for the invocation of those privileges, including Plaintiff’s request for the Court to conduct in camera review of the withheld documents. On the same date, Defendants shall provide the privilege log discussed in ECF No. 112 to the Court,” the ruling continued.
While the courtroom battle unfolds, the Department of Justice is also reportedly examining a 2022 traffic stop involving Abrego Garcia, who was pulled over in Tennessee under suspicion of human trafficking, ABC News reported.
Garcia, a Salvadoran national who first crossed into the U.S. illegally in 2011, was deported earlier this year by the Trump administration and transferred to a prison in El Salvador. The high-profile removal followed a deeper investigation into his activities, particularly those involving the transportation of illegal immigrants across state lines.
According to Fox News, the Tennessee Highway Patrol had stopped Garcia in November 2022 for speeding. Inside the vehicle were eight passengers—none of whom had luggage or personal belongings. Although officers suspected human trafficking, they ultimately allowed him to continue on his way without issuing a citation.
The car Garcia was driving belonged to Jose Ramon Hernandez-Reyes, a 38-year-old individual who is now incarcerated at the Federal Correctional Institution in Talladega, Alabama. ABC News revealed that federal agents interviewed Hernandez-Reyes last month and confirmed that he had previously hired Garcia to transport undocumented migrants from Texas to various destinations across the country.
Even more disturbing are the claims that Joe Biden’s FBI instructed Tennessee law enforcement to release Garcia at the time of the stop—despite known suspicions regarding his involvement in migrant smuggling operations. Sources close to the investigation told Fox News that federal authorities intervened to ensure Garcia wasn’t detained, raising serious questions about the Biden-era FBI's priorities and conduct.
Fox News host Jesse Watters aired the newly obtained bodycam footage of the 2022 traffic stop during a recent segment, drawing attention to the Biden administration’s reported role in allowing Garcia to remain free.
“He was a suspect in a human trafficking operation dating back three years and Fox Digital just got their hands on the body camera,” Watters said. “You are seeing it here first. Tennessee highway patrol stopped Kilmar for speeding and noticed he had eight other people in the car. All with no luggage.”
“After talking to Kilmar,” he added, “the officers had no doubt that he was trafficking.”
“In the video, you can see one of the cops making a phone call,” Watters said. “The body camera audio cuts over 10 minutes. Sources told us that on that call was Joe Biden’s FBI, which advised police not to detain Kilmar at the time.”
With the Trump administration continuing to crack down on criminal illegal aliens and restore national security measures, the decision to invoke the state secrets privilege in this case signals the presence of classified or sensitive operations related to Garcia’s past or future connections. Whether the courts will force disclosure remains to be seen—but one thing is certain: President Trump’s Justice Department is taking no chances when it comes to protecting law enforcement methods and national security intelligence.