Abrego Garcia v. Noem
8:25-cv-00951
D. MarylandJun 4, 2025Background
- Press organizations (“Press Movants”) sought to intervene and unseal several court records and hearing transcripts in an immigration-related case.
- Certain filings and hearings were previously sealed due to assertions of the state secrets privilege and the presence of potentially classified information.
- The parties jointly requested a discovery conference, filed on the public docket; subsequent filings addressing discovery were filed under seal.
- Defendants, including the Department of Homeland Security, invoked national security interests to keep specific documents and transcripts sealed.
- The Court had to balance the public’s right of access to judicial records with government interests in safeguarding sensitive information.
- Judge Paula Xinis granted in part and denied in part the motion to unseal, ordering some records be released, others redacted, and some to remain sealed pending further proceedings.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Public right to access court records | Public enjoys presumptive right, must overcome by compelling counterinterest | Sealing is needed for national security and sensitive info | Unsealed most filings; allowed redactions for state secrets; some kept under seal |
| Applicability of state secrets privilege | Only specific info may be privileged/redactable | State secrets requires broad sealing, can't disentangle | Narrow redactions sufficient; blanket sealing overbroad |
| Access to hearing transcripts | Transcripts should be accessible with redactions | Transcripts have inseparable classified info | Partial release with redactions for April 30 hearing; April 23 transcript remains sealed |
| Sealing of discovery materials | Discovery under discussion was already public | Discovery not typically public | Pre-existing public filings cannot be made private again |
Key Cases Cited
- Stone v. Univ. of Maryland Med. Sys. Corp., 855 F.2d 178 (4th Cir. 1988) (establishes right for public and press to intervene to unseal court records)
- Doe v. Pub. Citizen, 749 F.3d 246 (4th Cir. 2014) (public’s right of access to court records requires specific findings and consideration of alternatives before sealing)
- Gambale v. Deutsche Bank AG, 377 F.3d 133 (2d Cir. 2004) (once information is public, court cannot make it private again)
