In fiery exchange, Sen. Van Hollen demands to know why Trump administration is not facilitating Abrego Garcia's return
Sen. Chris Van Hollen of Maryland demanded answers Thursday from Department of Homeland Security (DHS) Secretary Kristi Noem about how the Trump Administration is facilitating Kilmar Abrego Garcia's return to the U.S. after his mistaken deportation.
The heated exchange occurred as Noem was testifying before the Senate Appropriations Committee.
Van Hollen has been advocating for the return of Abrego Garcia after the Maryland man was deported in March to a prison in his native country of El Salvador. Abrego Garcia entered the U.S. illegally in 2011, but obtained a withholding of removal order in 2019 that should have prevented his deportation to El Salvador.
The Trump administration admitted Abrego Garcia's deportation was due to an administrative error and oversight, though they have yet to comply with orders from a federal judge and the Supreme Court to facilitate his return.
Van Hollen's questions lead to fiery exchange
When Van Hollen pushed for answers about what DHS is doing to aid in Abrego Garcia's return, Noem responded that the administration is "following and complying with all federal court items."
"This is the president's prerogative, to facilitate conversations with the president of El Salvador," Noem said.
Van Hollen repeated his question several times, at one point asking if Noem and DHS "are taking any action to facilitate the nine-to-nothing Supreme Court decision, to facilitate [Abrego Garcia's] return."
Noem fired back, alleging that Abrego Garcia is a terrorist. The Trump administration has alleged Abrego Garcia is a member of the gang MS-13, which it has sought to designate as a terrorist organization. Abrego Garcia's wife and attorneys have denied that he is a member of MS-13.
"What I would argue is that we are following court orders, that your advocacy for a known terrorist is alarming," Noem said.
"He's a terrorist. And he's not a U.S. citizen," Noem continued about Abrego Garcia. "He's a citizen of El Salvador, and he's home. If he were to come back here, we would take him immediately."
Van Hollen said he is not vouching for Abrego Garcia, but rather for the right to due process. He has said Abrego Garcia was denied that right when he was sent to a prison in El Salvador by the Trump administration. Abrego Garcia was among more than 200 other migrants, mostly Venezuelans, who were sent to the Salvadoran prison when the Trump administration invoked an 18th century wartime law, the Alien Enemies Act. The Supreme Court has since blocked any new deportations under the Alien Enemies Act,
Trump administration alleges Abrego Garcia is a gang member
The legal fight over Abrego Garcia's deportation has been evolving since March, during which the Trump administration has continued to allege Abrego Garcia is a member of MS-13.
His family and attorneys have repeatedly denied he has any gang affiliation and point to his lack of criminal record in the U.S. and El Salvador.
Van Hollen challenged Noem on the MS-13 claims during Thursday's testimony.
"Despite what you just said, the Federal District Court, whose judge is hearing this case right now, said, and I'm quoting, that 'the administration has provided no evidence linking Abrego Garcia to MS-13, or any other terrorist activity,'" Van Hollen said.
The administration's claims stem from Abrego Garcia's 2019 arrest in Prince George's County, when he was taken into custody along with three men recognized by police as gang members. Police said Abrego Garcia's attire at the time of his arrest alluded to "Hispanic gang culture." They also cited information from a confidential informant.
Court proceedings in Kilmar Abrego Garcia's deportation case
As Abrego Garcia's case continues to play out in court, the Trump administration has been ordered several times to provide answers about how they are facilitating his return to the U.S.
In April, U.S. District Judge Paula Xinis gave the administration several deadlines to answer questions. On May 7, the administration invoked states secrets privilege, allowing them to withhold certain information.
Another hearing is scheduled for May 16.
Meanwhile, Abrego Garcia remains in custody at a Salvadoran facility. He was transferred from the notorious Terrorism Confinement Center, or CECOT, to a lower security facility where he has his own room, according to court documents.
In April, Van Hollen was able to meet with Abrego Garcia during a visit to El Salvador. It was the first time Abrego Garcia had been seen since his deportation.
