The Trump administration has reportedly told the court overseeing the case of Kilmar Abrego Garcia, via private filings, that it was working to secure his release from custody from a prison in El Salvador, according to a memorandum filed by his lawyers on Monday.

That is in stark contrast to the public pronouncements by President Donald Trump, administration officials and El Salvador President Nayib Bukele, who have all stated that Abrego Garcia, who has not been charged, convicted or accused of any crime, will not come back to the United States despite an April 10 Supreme Court decision ordering the administration to “facilitate” his release from prison and return.

“[T]he President has insisted on national television that, although he has the power to bring Abrego Garcia back, he won’t, because his lawyers have advised him against it,” the filing by Abrego Garcia’s lawyers states. “Other cabinet members, including the Secretary of Homeland Security, have likewise testified before Congress that ’there is no scenario where Abrego Garcia will be in the United States again.’ Meanwhile, in sealed, ex parte proceedings, the Government presumably has told this Court the opposite, as it has repeatedly sought to draw out this litigation.” (Ex parte proceedings refer to those held in private.)

In another passage, the memorandum states that “the Government has apparently suggested to this Court — belatedly, and in sealed ex parte communications — that it was working to secure Abrego Garcia’s return.”

The sealed communications cited in the memorandum include two motions to stay discovery filed by the Trump administration on April 23 and April 29.

The April 23 motion followed an order by Judge Paula Xinis approving discovery, including by allowing the depositions of government officials and production of documents. In a move that led to public speculation that the Trump administration may have been looking to seek Abrego Garcia’s return, Abrego Garcia’s lawyers agreed to the move and it was approved by Xinis, pausing discovery for one week. However, Xinis rejected the administration’s next motion to pause discovery on April 29.

The revelation in Monday’s memorandum that the administration told the court that it “was working to secure Abrego Garcia’s return” appears to be the first public suggestion of what was in the sealed communications that led Xinis to approve a one-week stay. But whatever was disclosed in those sealed communications did not prove enough to extend the stay.

The administration previously told the court that it “engaged in appropriate diplomatic discussions with El Salvador regarding Abrego Garcia” following a ruling by the Fourth Circuit Court of Appeals rebuking the administration for not obeying the Supreme Court’s decision, according to a brief filed on April 22. But it did not offer any details beyond that, adding that “disclosing the details of any diplomatic discussions regarding Mr. Abrego Garcia at this time could negatively impact any outcome.” The next day the administration filed its sealed motion to stay discovery.

“Since the beginning of this case the government has been talking out of both sides of its mouth, saying one thing in court filings and another thing in the media,” Simon Sandoval-Moshenberg, one of Abrego Garcia’s lawyers, told HuffPost in an emailed statement while noting that he cannot comment on the contents of sealed communications.

“Their lawyers tell the District Judge that they’re complying with her orders, but that the evidence can’t be shown to the court,” Sandoval-Moshenberg added. “It’s time for that to end.”

The government is now asserting multiple legal privileges, including those covering state secrets and deliberative process, in order to prevent disclosure of any information to the court through document discovery or the testimony of witnesses.

Despite an order by Xinis compelling discovery and depositions, “the Government has stonewalled Plaintiffs by asserting unsupported privileges — primarily state secrets and deliberative process — to withhold written discovery and to instruct witnesses not to answer even basic questions,” the memorandum from Abrego Garcia’s lawyers states.

Three government witnesses have sat for deposition so far, and Abrego Garcia’s lawyers are seeking to depose more witnesses who they believe have more information about what the administration is doing to “facilitate” their client’s release and return.

Prior to agreeing to stay discovery for one week on April 23, Xinis had called the administration’s objections to discovery and claims of privilege “specious” and “reflect[ed] a willful and bad faith refusal to comply with discovery obligations.”

The memorandum filed by Abrego Garcia’s lawyers on Monday came following a May 7 order from Xinis acknowledging the receipt of a declaration from Secretary of State Marco Rubio asserting the state secrets privilege. Xinis ordered responses from the administration and Abrego Garcia’s lawyers by Monday and a briefing on the privilege assertions on May 16.

Meanwhile, Abrego Garcia remains in a prison in El Salvador despite the Supreme Court ordering the administration to release him and return him to the United States.