The state secrets privilege is a legal principle that allows the government to withhold information in legal cases if disclosing it would threaten national security. The Trump administration invoked this privilege to avoid answering court inquiries related to the mistaken deportation of Kilmar Abrego Garcia to El Salvador, aiming to prevent scrutiny of its actions in this case.

The Supreme Court ruled unanimously that Kilmar Abrego Garcia's deportation to El Salvador was illegal. It ordered the Trump administration to facilitate his release from custody in El Salvador and ensure his case is handled as if he had never been deported, while allowing some deference to the executive branch in foreign affairs.

The Trump administration and police in Maryland have associated Kilmar Abrego Garcia with the MS-13 gang based on tattoos, clothing, and a criminal informant's information. However, Abrego Garcia was never formally charged, and his legal team contends the informant's claim about gang affiliation in New York is false, as Abrego Garcia has never lived there.

Judge Paula Xinis set a deadline for attorneys to submit briefs on the government's use of the state secrets privilege and its implications for Abrego Garcia's case. She has also scheduled a hearing in Greenbelt, Maryland, on May 16 to further discuss the issue.

Kilmar Abrego Garcia has been detained in a Salvadoran prison for nearly two months following his wrongful deportation. The U.S. government faces difficulties in securing his release, partly due to the deference given to foreign affairs and the Salvadoran government's control over his custody.