Guns for sale at Caso’s Gun-A-Rama in Jersey City, New Jersey, which has been open since 1967. (Photo by Aristide Economopoulos/New Jersey Monitor)

WASHINGTON — The Trump administration’s decision to restore 10 convicts’ ability to legally purchase firearms and explosives violated the law, according to a letter six high-ranking congressional Democrats released Friday.

The Justice Department publication of an interim final rule moving the authority to restore some convicts’ gun rights from the Bureau of Alcohol, Tobacco, Firearms and Explosives to the attorney general also violated the separation of powers and a decades-old provision in the department’s annual funding bill, according to the 12-page letter.

The Democrats wrote that while Congress did delegate the authority to “oversee restoration of federal firearm privileges applications” to the ATF several decades ago, lawmakers have included language in nearly every government funding bill since 1993 barring the ATF from spending any money to process those applications.

The prohibition followed then-President Bill Clinton, a Democrat, trying to move the authority from the ATF to the Federal Bureau of Investigation.

“Given the pervasiveness of gun violence in our nation, this Administration should not be circumventing Congress’ authority to prioritize restoring firearm privileges to individuals convicted of serious or violent crimes,” the Democrats wrote.

The letter was signed by House Appropriations Committee ranking member Rosa DeLauro, D-Conn.; Senate Appropriations ranking member Patty Murray, D-Wash.; House Judiciary ranking member Jamie Raskin, D-Md.; Senate Judiciary ranking member Dick Durbin, D-Ill.; House Appropriations Commerce-Justice-Science subcommittee ranking member Grace Meng, D-N.Y.; and Senate Appropriations Commerce-Justice-Science subcommittee ranking member Chris Van Hollen, D-Md.

The Department of Justice did not immediately respond to a request for comment from States Newsroom.

Mel Gibson case

The DOJ under President Donald Trump has so far restored 10 individuals’ ability to legally purchase firearms, including the actor Mel Gibson, who “pleaded no contest to a charge of domestic violence” in 2011, according to Reuters.

Federal law bars several types of people from legally buying firearms, including anyone sentenced to more than one year in prison, which typically coincides with felonies, and those who commit domestic violence.

The six Democrats wrote that the “intersection between firearms and domestic violence remains a key concern, demonstrating the need to keep guns out of the hands of domestic abusers.

“Research has shown that the presence of firearms significantly increases the risk of death or serious injury for victims of domestic or dating violence. The Supreme Court has recognized that the danger of a domestic abuser with a gun serves as a limitation on the Second Amendment.” 

The Democrats wrote that for decades Congress has prevented the ATF from restoring prohibited people’s ability to legally purchase firearms. The annual DOJ appropriations bill also bars moving the ability to approve those applications away from ATF to any other federal agency. 

“The concerns that originally led to these provisions — recidivist crime, limited investigative resources, and difficulty in assessing applicants — remain unchanged,” they wrote. “Congress made an explicit policy choice to prioritize investigating crime, rather than to waste funds on evaluating whether to restore firearm rights to previously convicted felons.”

Study cited

The letter says a study from the Violence Policy Center that looked at restorations during the late 1980s is one of many reasons Congress prohibited the ATF from restoring some felons’ ability to legally purchase firearms.

The study, which reviewed 100 ATF case files obtained through a Freedom of Information Act request, showed the federal government had restored the ability of “terrorists, murderers, rapists, drug dealers, gun traffickers, and child molesters” to legally purchase firearms and explosives.

“The FOIA-obtained records also showed that of those granted relief between 1985 and 1989, 47 individuals were later re-arrested for serious offenses such as attempted murder, first-degree sexual assault, kidnapping, child molestation, illegal possession of a machine gun, trafficking in cocaine, LSD, and PCP, and illegal firearms possession or carrying,” they wrote.

The letter ends with Democrats calling on the DOJ to withdraw the interim final rule and “vacate the wrongfully granted restoration of federal firearms privileges to the 10 individuals.”

Maryland Democratic U.S. Rep. Glenn Ivey, who represents the district where Kilmar Abrego Garcia and his wife live, led the chant “bring him home” outside the U.S. District Court for the District of Maryland shortly before a hearing in Abrego Garcia’s case on Friday, May 16, 2025. (Photo by Ariana Figueroa/States Newsroom)

GREENBELT, MARYLAND — A federal judge said Friday the Trump administration has “pretty broadly” invoked the state secrets privilege to withhold information on its efforts — or, the judge indicated, a possible lack of effort — to return a wrongly deported Maryland man from a prison in El Salvador.

President Donald Trump’s administration moved last month to invoke the so-called state secrets privilege to shield information about its process to facilitate the return of Kilmar Abrego Garcia to the United States after a top immigration official admitted his removal to a prison in El Salvador was an “administrative error.”

The judge handling the case, U.S. District Judge Paula Xinis, granted an expedited discovery process after she found last month that “nothing has been done” by the administration to return Abrego Garcia.

She did not make a public order regarding the state secrets privilege Friday afternoon before closing her courtroom to the public to discuss sensitive matters with attorneys for Abrego Garcia and the Department of Justice.

The state secrets privilege is a common-law doctrine that protects sensitive national security information from being released. The Trump administration has argued the need to invoke it in this case to protect diplomatic relationships.

‘He’ll never walk free in the United States’

During the public portion of Friday’s hearing, Xinis pressed the Department of Justice attorneys about Homeland Security Secretary Kristi Noem’s comment that Abrego Garcia “will not return” to the U.S.

“That sounds to me like an admission that your client will not take steps to facilitate the return,” Xinis said. “That’s about as clear as it can get.”

DOJ attorney Jonathan D. Guynn disagreed and said the Trump administration is complying with court orders. He said Noem’s comment meant that if Abrego Garcia was back in U.S. custody he would be removed either to another third country or back to El Salvador.

“He’ll never walk free in the United States,” Guynn said.

He added that the Trump administration is “currently complying and we plan to comply.”

Xinis said she disagreed, and then she clashed with Guynn over the legality of Abrego Garcia’s removal.

Guynn said that he was lawfully deported.

Xinis answered that she found months ago that Abrego Garcia was unlawfully detained and removed from the U.S.

Few documents produced

One of the attorneys for Abrego Garcia, Andrew J. Rossman, said the Trump administration has invoked the state secrets privilege for 1,140 documents relating to the case. From that request, Rossman said his team received 168 documents, but 132 were copies of court filings and requests made by him and his team.

Xinis seemed visibly stunned by Rossman’s report and had to clarify that his team had only received 36 new documents, which Rossman confirmed.

Rossman said that none of the documents for which the government is invoking the state secrets privilege are classified.

“There’s ways to do this right, and they haven’t done it,” he said, noting that he has attorneys on his team who have security clearances and can review classified and sensitive information.

Rossman said that he and his team are seeking answers to three questions: the status of Abrego Garcia, what steps the Trump administration has taken, if any, to facilitate his return, and the steps the federal government will take, if any, to comply with court orders.

Guynn said the Trump administration received an update from El Salvador on Thursday that Abrego Garcia was in “good health” and had “even gained weight.”

The U.S. Supreme Court ordered that the Trump administration must “facilitate” the return of Abrego Garcia.

Rossman, said that it’s “deeply disturbing” that administration officials, including the president, have made public statements that contradict court orders directing the government to return Abrego Garcia to the U.S.

President Donald Trump has said he could easily pick up the phone and order El Salvador to return him but won’t because he believes Abrego Garcia is a member of the MS-13 gang.

Noem was pressed at a May 14 congressional hearing about a photo that appears altered to add letters across Abrego Garcia’s knuckles to indicate his inclusion in the gang. She said she was unaware of it.

A federal judge in the District of Columbia, in a separate case regarding Trump’s use of an archaic wartime law for deportations, questioned Department of Justice attorneys on the president’s claim that he could order Abrego Garcia to be returned. The attorney admitted that the president sometimes overstates his influence abroad.

El Salvador prison

Abrego Garcia has had protections from deportation since 2019, but he was one of nearly 300 men on three mid-March removal flights to a notorious prison in El Salvador known as CECOT.

Abrego Garcia has been moved to a lower security prison, according to Maryland Democratic Sen. Chris Van Hollen, who traveled to the country last month to meet with Abrego Garcia and inquire with Salvadoran officials about why he is being held there.

Those officials said Abrego Garcia was being held because of the agreement between the United States and El Salvador.

The U.S. has a $15 million agreement with El Salvador’s government to house immigrants removed from the U.S., mostly Venezuelans removed under the wartime law, the Alien Enemies Act of 1798.

The Trump administration has argued that Abrego Garcia is a national of El Salvador and in that country’s custody and the U.S. cannot force another government to return him. 

Hours before Friday’s hearing, dozens of protestors gathered outside the court, calling for Abrego Garcia to be returned to the U.S., as well as criticizing the Trump administration’s immigration crackdown. 

U.S. Rep. Glenn Ivey, who represents the area in Maryland where Abrego Garcia and his family live, appeared outside the court and led chants calling for the release of Abrego Garcia from El Salvador.

“The president has to obey the orders of the Supreme Court,” Ivey said. “The Supreme Court has spoken here, and it’s time for him to follow it and bring him home.”