A Senate oversight hearing of the Department of Homeland Security became heated as Democrats pushed Secretary Kristi Noem to explain why the Trump administration had not followed through with a Supreme Court order to bring illegal immigrant Kilmar Abrego Garcia back from El Salvador.
Two lawmakers, Sen. Chris Murphy (D-CT) and Sen. Chris Van Hollen (D-MD), went up against Noem during a Senate Appropriations Subcommittee on Homeland Security hearing Thursday, and grew frustrated with the Trump official’s refusal to address their “simple” questions about events that have occurred since the Salvadoran man’s deportation on March 15.
Murphy asked Noem if she had read the Supreme Court’s April 10 ruling that sided with a federal judge in Maryland who had ordered the U.S. government to “facilitate” the return of Abrego Garcia given that he was deported as the result of an administration error on the government’s part. Noem confirmed that she had read the document.
“There is no scenario where Abrego Garcia will be in the United States again. If he were to come back, we would immediately deport him again,” Noem said.
“Does the Supreme Court decision not require you to facilitate the return of Mr. Abrego Garcia” Murphy asked.
Noem responded that the Trump administration “is complying with all court orders and judges orders” and was a part of conversations inside the administration about the Supreme Court’s order. Murphy retorted that there was no “discussion” to be had.
“The discussion ends when the Supreme Court rules 9-0 that you have to facilitate his release,” Murphy said. “The fact that you can’t even acknowledge the wording of the order, which commands you to facilitate his release, and you advertise to this committee that you are going to willfully ignore the rule of law, is incredibly chilling for the balance of powers in a democracy that relies on the executive branch to honor decisions made by the highest court of the land.”
Van Hollen, who visited Abrego Garcia in El Salvador following his removal, pushed Noem to explain if the Trump administration was taking action to facilitate the immigrant’s return to the United States.
Noem insisted that the administration was “following court orders,” then put Van Hollen on blast for his “advocacy for a known terrorist.”
“I’m not vouching for the man. I’m vouching for his due process,” Van Hollen said.
Noem told Van Hollen he would instead defend Americans’ rights. Van Hollen called her comment “rhetoric” and the two went back and forth, speaking over each other.
Van Hollen said he had other questions to ask when acting Chairwoman Katie Britt (R-AL) cut him off for exceeding his time.
“I need a little help from a chair that respects the members,” Van Hollen muttered before turning his microphone off.
In order to deport Abrego Garcia without due process, or allowing him to go before an immigration judge before being removed, Trump invoked the Alien Enemies Act of 1798. That law allows a president to swiftly remove those deemed terrorists without due process.
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In Abrego Garcia’s case, he was alleged to have been a part of MS-13, a Latin gang that the Trump administration declared a foreign terrorist organization prior to his removal.
On May 1, a federal judge from the District Court of Southern Texas ruled that Trump did not meet the criteria to invoke the Alien Enemies Act to deport Venezuelan gang members of Tren de Aragua, after many were sent to a megaprison in El Salvador along with Abrego Garcia.
