The U.S. Supreme Court ruled Friday, May 16, 2025, that the Trump administration's attempt to deport a group of Venezuelans under an 18th-century wartime law "does not pass muster." (Photo by Jane Norman/States Newsroom)

WASHINGTON — The U.S. Supreme Court on Friday kept in place a block on the Trump administration’s efforts to deport 176 Venezuelans in Northern Texas under the Alien Enemies Act of 1798.

A majority of the justices found that President Donald Trump’s administration violated the due process rights of Venezuelans when the administration tried to deport them from North Texas last month by invoking the 18th-century wartime law. Conservative Justices Samuel Alito and Clarence Thomas dissented.

“Under these circumstances, notice roughly 24 hours before removal, devoid of information about how to exercise due process rights to contest that removal, surely does not pass muster,” according to the decision.

The justices did not determine the legality of the Trump administration using the Alien Enemies Act to deport Venezuelans 14 and older with suspected ties to the gang Tren de Aragua.

On his social media platform, Trump expressed his disapproval of the ruling.

“THE SUPREME COURT WON’T ALLOW US TO GET CRIMINALS OUT OF OUR COUNTRY!” he wrote on Truth Social.

The justices found that the 5th Circuit Court of Appeals “erred in dismissing the detainees’ appeal for lack of jurisdiction,” and vacated that order, sending the case back.

The Trump administration on Monday asked the high court to remove the injunction, arguing that detaining suspected members of Tren de Aragua poses a threat to U.S. Immigration and Customs Enforcement officers and staff.

In a Wednesday response, the American Civil Liberties Union, which brought the suit, warned that if the Supreme Court lifts its injunction, “most of the putative class members will be removed with little chance to seek judicial review.”

In Friday’s order, the justices noted that because the Trump administration has used the Alien Enemies Act to send migrants to a notorious prison in El Salvador, careful due process is needed.

“The Government has represented elsewhere that it is unable to provide for the return of an individual deported in error to a prison in El Salvador…where it is alleged that detainees face indefinite detention,” according to the order, noting the wrongful deportation of Maryland man Kilmar Abrego Garcia to El Salvador.

“The detainees’ interests at stake are accordingly particularly weighty,” the court continued.

Other rulings

On April 18, the ACLU made an emergency application to the high court, asking to bar any removals under the Alien Enemies Act in the Northern District of Texas over concerns that the Trump administration was not following due process.

Several federal judges elsewhere have blocked the use of the wartime law in their districts that cover Colorado, Southern Texas and Southern New York.

A federal judge in Western Pennsylvania Tuesday was the first to uphold the Trump administration’s use of the Alien Enemies Act, but said those accused must have at least three weeks to challenge their removal.

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.”

Prison officers stand guard at a cell block at maximum security penitentiary CECOT, or Center for the Compulsory Housing of Terrorism, on April 4, 2025, in Tecoluca, San Vicente, El Salvador.. (Photo by Alex Peña/Getty Images)

WASHINGTON — The Trump administration is asking the U.S. Supreme Court to lift its own injunction placed last month in the Northern District of Texas to allow for the deportation of a group of Venezuelan nationals under an 18th-century wartime law.

In the Monday filing, the Trump administration stated that the 176 Venezuelans have alleged ties to the Tren de Aragua gang, and are therefore subject to removal under the Alien Enemies Act of 1798.

U.S. Department of Homeland Security Assistant Secretary Tricia McLaughlin said in a statement that detaining suspected members of the Tren de Aragua gang poses a threat to U.S. Immigration and Customs Enforcement officers and staff.

She said that 23 migrants barricaded themselves in the Bluebonnet Detention Facility in Anson, Texas. and “threatened to take hostages, and endangered officers.” Reuters sent a drone over the facility, and captured images of the detained men spelling out SOS with their bodies, over fears that they would be sent to El Salvador. 

The Trump administration has removed those subject to the Alien Enemies Act to a notorious mega-prison in El Salvador.

The administration request stems from an April 18 emergency application from the American Civil Liberties Union that asked the high court to bar any removals under the Alien Enemies Act in the Northern District of Texas over concerns that the Trump administration was not following due process.

The justices, in a 7-2 ruling, ordered that while the lower case is before the 5th Circuit Court of Appeals, “the Government is directed not to remove any member of the putative class of detainees from the United States until further order of this Court.”

Monday’s filing by Solicitor General D. John Sauer argues that those Venezuelans subject to the proclamation must be deported because the migrants “have proven to be especially dangerous to maintain in prolonged detention.”

In a Wednesday response, the ACLU warned that if the Supreme Court lifts its injunction, “most of the putative class members will be removed with little chance to seek judicial review.”

“And under the government’s position, courts will lack authority to remedy unlawful removals to the CECOT Salvadoran prison, where individuals could be held incommunicado for the remainder of their lives,” according to the ACLU brief.

In a separate emergency filing that issued a nationwide injunction that barred the Trump administration from invoking the proclamation, the Supreme Court ruled that, for now, the Trump administration can continue to use the Alien Enemies Act.

But the justices unanimously ruled that those who are subject to the wartime law must be given proper due process as enshrined in the U.S. Constitution.

Several federal judges have blocked the use of the wartime law in their districts that cover Colorado, Northern and Southern Texas and Southern New York.

A federal judge in Western Pennsylvania Tuesday was the first to uphold the Trump administration’s use of the Alien Enemies Act, but said those accused must have at least three weeks to challenge their removal.

In court documents, the Trump administration has noted that adequate time for someone to challenge an Alien Enemies Act designation is roughly 12 hours. 

Homeland Security Secretary Kristi Noem arrives for a Senate Appropriations Committee hearing in the Dirksen Senate Office Building on Capitol Hill on Thursday, May 8, 2025 in Washington, D.C. (Photo by Andrew Harnik/Getty Images)

WASHINGTON  — The top Democrat on a U.S. Senate Appropriations Committee panel Thursday slammed Department of Homeland Security Secretary Kristi Noem for her handling of her agency’s funding and the Trump administration’s immigration crackdown.

Sen. Chris Murphy warned Noem that DHS is at risk of running out of its $65 billion in funding by July – two months before the end of the fiscal year – and therefore close to triggering the Antideficiency Act, a federal law prohibiting government agencies from spending funds in excess of their appropriations. 

“Your department is out of control,” the Connecticut Democrat told Noem. “You are running out of money.”

Noem, who appeared before the Senate Appropriations Subcommittee on Homeland Security, was also grilled by Democrats about the high-profile case of a wrongly deported Maryland man sent in March to a notorious prison in El Salvador.

The White House’s “skinny” budget proposal suggests $107 billion for DHS starting Oct. 1, and assumes that Republicans pass the reconciliation package under consideration to allocate a massive $175 billion overall in border security.  

“If we now live in a world in which the administration spends down the accounts that were priorities for Republicans and does not spend down the priorities that were priorities for Democrats, I don’t know how we do a budget,” Murphy said.

Sen. Patty Murray, top Democrat on the full Senate Appropriations Committee, slammed Noem for not following “our appropriations laws.”

She was critical of how immigration enforcement has caught up U.S. citizens and immigrants with protected legal statuses.

“Your crackdown has roped in American citizens and people who are here legally with no criminal record,” the Washington Democrat said. 

She also criticized Noem for spending $100 million on TV ads that range from praising the president to warning migrants not to come to the United States or to self-deport.

Noem in addition launched this week an initiative to provide up to $1,000 in “travel assistance” to immigrants without legal authorization to self-deport, which would amount to $1 billion if President Donald Trump’s goal of deporting 1 million people is met. The source of those funds in the DHS budget is unclear. 

Murray asked Noem about more than $100 billion in DHS funds not being used or re-programmed elsewhere for immigration enforcement, and called it “an illegal freeze.”

She then asked Noem when DHS would unfreeze those funds.

Noem did not answer and instead blamed the Biden administration, and said the previous administration “perverted” how the funds were used.

Murray said she did not think it was “credible that $100 billion is used to break the law.”

“I am very concerned that DHS is now dramatically over-spending funding that Congress has not provided,” Murray said. “We take our responsibility seriously to fund your department and others. We need to have answers, we need to have accountability, and we need to make sure you’re not overspending money that you were not allocated.”

Abrego Garcia deportation

Noem got into a heated exchange with one of the Democrats on the panel, Maryland Sen. Chris Van Hollen, who traveled to El Salvador to speak with wrongly deported Kilmar Abrego Garcia. The Trump administration has admitted his deportation was an “administrative error.”

The U.S. Supreme Court unanimously ruled that the Trump administration must “facilitate” the return of Abrego Garcia, who was sent initially to brutal CECOT but is now housed in another prison.

Van Hollen asked Noem what DHS has done to bring back Abrego Garcia, who had a 2019 court order barring his return to his home country of El Salvador for fear he would be harmed by gang violence.

Noem did not answer what steps the Trump administration was taking and said that because Abrego Garcia is a citizen of El Salvador, he is in that nation’s custody and cannot be brought back.

Trump has contradicted his own administration, stating that if he wanted to bring back Agrego Garcia he would, but won’t because he believes Abrego Garcia has gang ties.

While Trump officials like Noem have alleged that Abrego Garcia has ties to the MS-13 gang, no evidence has been provided in court and federal Judge Paula Xinis, who is presiding over the case, called the accusations “hearsay.”

Noem then questioned why Van Hollen was advocating for Abrego Garcia in the first place.

“Your advocacy for a known terrorist is alarming to me,” she said.

Van Hollen said that he was advocating for due process, which the Trump administration has been accused of skirting in its deportations. A federal judge in Louisiana next week plans to hold a hearing to determine if the Trump administration violated due process in deporting a 2-year-old U.S. citizen and her mother to Honduras.

Murphy also pressed Noem on the issue and asked how she was coordinating with El Salvador for Abrego Garcia’s release.

“There is no scenario where Abrego Garcia will be returned to the United States,” she said.

Noem then said that even if Abrego Garcia were returned to the U.S., “we would immediately deport him again.”

GOP worried about students, TPS holders

Some Republicans on the panel, including the committee chair, raised concerns with Noem about how the Trump administration’s immigration crackdown is affecting students with visas.

“There are so many others who do deserve scrutiny,” said Chairwoman Susan Collins, a Maine Republican, who said she was worried about students from Canada who attend school in her home state. “But these are dually enrolled Canadian students, and they’ve been crossing the border for years without trouble.” 

She said Canadian students are being stopped by U.S. Customs and Border Protection and given intense screenings.

“They have student visas, but they’re being subjected to extensive searches and questioning,” she said to Noem. “I don’t want us to discourage Canadian students from studying at the northern Maine institutions that we have for education.”

Noem said she would look into it.

Alaskan Republican Sen. Lisa Murkowski raised the issue of paperwork not being processed for those with Temporary Protected Status in her state. TPS is granted to those who come from a country that is considered too dangerous or unstable to return to due to war, natural disasters or other instability.

Murkowski said several groups of immigrants in her state with temporary protected status and humanitarian protection are at risk of losing their work protections, such as Afghans, Haitians, Venezuelans and Ukrainians.  

“The majority of these folks are just truly valued members of their new community,” Murkowski said. “They’re helping us meet workforce needs and really contributing to the tax base here. They’ve expressed great concern about their status and work authorizations that may be revoked or allowed to expire.”

She said that U.S. Citizenship and Immigration Services has not processed TPS or humanitarian protection renewals for up to five months.

Noem said that those with TPS are being looked at, and admitted that some Ukrainians got an erroneous email that notified them their status was revoked.

She said DHS has not made a decision on whether or not to renew TPS for Ukrainians, who were granted the status due to Russia’s ongoing invasion of the country.

“Some of these TPS programs have been in place for many, many years, but the evaluation on why TPS should be utilized and when it can be utilized by a country is the process that the administration is going through,” Noem said. 

Prison officers stand guard at a cell block at maximum security penitentiary CECOT  on April 4, 2025 in Tecoluca, San Vicente, El Salvador.  (Photo by Alex Peña/Getty Images)

BALTIMORE — A federal judge in Maryland Tuesday will for 48 hours pause her own order to require the federal government to facilitate the return of an asylum seeker mistakenly deported to a notorious prison in El Salvador, while the court waits for the Trump administration’s anticipated appeal of her decision.

“I am simply skeptical that we’re going to get … compliance or facilitation based only on this court’s order without allowing it to go to the next level,” said U.S. District Judge Stephanie Gallagher, nominated by President Donald Trump in 2018, at a hearing. She also indicated she was concerned the asylum seeker was denied due process, a major question as lawyers challenge Trump administration deportations.

Richard Ingebretsen, arguing on behalf of the Department of Justice, said the Trump administration plans to appeal Gallagher’s earlier order to the 4th Circuit Court of Appeals.

It’s the second case of a wrongly deported man sent to El Salvador’s brutal Centro de Confinamiento del Terrorismo, or CECOT, prison, following the high-profile case of Kilmar Abrego Garcia. The Maryland man was erroneously deported there despite a 2019 court order barring such action.

That case is now in closed proceedings before U.S. District Judge Paula Xinis in Greenbelt, Maryland, as discovery and depositions from officials interviewed under oath about the case continue. The Department of Justice and the White House have strongly fought the return of Abrego Garcia.

Earlier agreement protected asylum seeker

In the case heard in Maryland on Tuesday, the 20-year-old man who was sent to El Salvador is referred to by the pseudonym “Cristian” in court documents. In 2019, he came to the United States as an unaccompanied minor from Venezuela to apply for asylum.

Under a settlement agreement at the time, Cristian, along with a class of other asylum seekers, could not be deported until their cases were decided by U.S. Citizenship and Immigration Services. His asylum case has not yet been decided.

But Cristian was taken from the U.S. on one of three deportation flights to the CECOT prison in mid-March.

Two of those flights contained Venezuelan men deported under a 1798 law known as the Alien Enemies Act. The Trump administration invoked the wartime law to apply to any Venezuelan national 14 and older who is suspected of having ties to the Tren de Aragua gang.

Ingebretsen argued that Cristian has ties to the gang, and Tuesday’s hearing for a period was closed to the public — put under seal— so Gallagher could be shown that evidence.

In a declaration, Acting Field Office Director for Enforcement and Removal Operations at Immigration and Customs Enforcement Robert Cerna said Cristian was subject to the Alien Enemies Act because in January he was convicted of possessing cocaine.

Judge issued order for return

Gallagher wrote in an April 23 order that the case before her relates to that of Abrego Garcia and that “like Judge Xinis in the Abrego Garcia matter, this court will order Defendants to facilitate Cristian’s return to the United States so that he can receive the process he was entitled to under the parties’ binding Settlement Agreement.”

Gallagher added in her order that the federal government must also show “a good faith request to the government of El Salvador to release Cristian to U.S. custody for transport back to the United States to await the adjudication of his asylum application on the merits by USCIS.”

Ingebretsen said that the State Department has been made aware of her order, but he did not give any details on steps taken to facilitate Cristian’s return.

“The government’s view is that further compliance should be put on hold,” Ingebretsen said.

Attorneys, on behalf of the 2019 class, are pushing for declarations from the federal government on steps taken to facilitate Cristian’s return, citing concerns he’s been in CECOT for almost two months.

List of detainees

Kevin DeJong, one of those attorneys for the class, asked Gallagher to require the Trump administration to produce a list of the class members, to determine if any more of them have been wrongly deported.

DeJong said another class member — separate from Cristian — has been removed.

“If we don’t know if a class member has been removed, and we don’t know about it, there’s nothing we can do to bring a motion to enforce,” he said.

He is asking the court to order the federal government to provide a list because the Trump administration’s DOJ will only notify migrants’ lawyers of class members removed under Title 8 deportation. Cristian was removed under the Alien Enemies Act, or Title 50.

“We need to know if any class members have been removed for any reason other than Title 8,” DeJong said. “We’re concerned that there are more.”

Gallagher seemed skeptical that she had the authority to do so, as the settlement does not mention a way for a list to be made up.

“It is an unusual settlement agreement in that we don’t have a defined list of class members, a defined way of identifying who is and is not a member,” she said.

Gallagher added that the settlement agreement was “drafted with some degree” of “trust that the government would be acting in good faith and would maintain this list itself.”

‘Process is important’

In the Abrego Garcia case, the Trump administration has argued that because he is a national of El Salvador, he is in that government’s custody and cannot be returned, despite the U.S. paying up to $15 million to El Salvador to detain roughly 300 men at CECOT.

Experts have raised concerns that U.S. foreign assistance funds to El Salvador from the State Department violate the Leahy Law, which bars financial support of “units of foreign security forces” — which can include military and law enforcement staff in prisons — that face credible allegations of gross human rights violations.

However, the president has contradicted his own administration, arguing that he has the ability to order Abrego Garcia returned to the U.S. Trump has said he is not willing to do so because he believes Abrego Garcia has gang ties, an argument repeated by multiple members of the administration.

In DOJ filings, government attorneys argued that because Cristian was designated for removal under the Alien Enemies Act, he could no longer be part of the 2019 class settlement and the government is therefore not violating the settlement.

On Tuesday, Ingebretsen added that if Cristian were returned to the U.S., his asylum application would be denied by USCIS.

Gallagher rejected that argument and said that based on the settlement, Cristian was allowed a certain form of due process to remain in the U.S. while his asylum case was pending.

“This is not a case about where or not Cristian will receive asylum, the issue is of process,” Gallagher said. “Process is important. We don’t skip to the end.” 

U.S. Sen. Chris Van Hollen, D-Md., right, meets in El Salvador on April 17, 2025, with Kilmar Abrego Garcia, the Maryland resident who was erroneously deported to El Salvador by ICE agents in March. (Photo courtesy Van Hollen's office)

WASHINGTON — Kilmar Abrego Garcia remains in prison in El Salvador after he was mistakenly deported more than a month ago, and Senate Democrats said Thursday they will file a privileged resolution that would require the State Department to report on human rights conditions in CECOT,  the brutal 40,000-capacity facility where Abrego Garcia was first incarcerated.

The resolution also would force the Trump administration to detail its steps to comply with court orders on the removal of Abrego Garcia and other immigrants from the United States.

The announcement of the resolution came after President Donald Trump, during an ABC News interview that aired Tuesday, acknowledged that if he wanted to, he could secure the return of Abrego Garcia from El Salvador.

However, Trump then refused to do so, alleging Abrego Garcia has gang ties. He pointed to an altered photograph of Abrego Garcia’s knuckles that showed them displaying the characters “MS-13.”

When ABC News journalist Terry Moran pointed out the photo was photoshopped, Trump argued that it wasn’t.

“Why don’t you just say, ‘Yes, he does,’” Trump said to Moran, referring to the MS-13 tattoo. Moran did not reply and moved to another topic.

The Department of Justice has claimed that Abrego Garcia is a leader in the MS-13 gang, but has not provided evidence in court of those connections. Abrego Garcia was granted deportation protections by an immigration judge in 2019 over concerns he would experience violence by gangs if returned to his home country of El Salvador.

The U.S. Supreme Court, an appeals court and a district court all have upheld that Abrego Garcia, a Maryland resident who the Trump administration admitted was mistakenly deported to a notorious prison, must be returned.

“Donald Trump should stop trampling on constitutional rights of people who reside in America, and the government of El Salvador should stop conspiring with the Trump administration to violate the constitutional rights of those who reside in America, including Abrego Garcia,” Maryland Democratic Sen. Chris Van Hollen said at a press conference on the Senate resolution.

The Supreme Court last month ruled that the Trump administration must “facilitate” the return of Abrego Garcia, but stopped short of requiring it and sent the case back to a federal judge to clarify how the return could be “effectuated.”

The case is now in closed proceedings before U.S. District Judge Paula Xinis in Maryland as discovery and depositions from officials interviewed under oath about Abrego Garcia’s case continue. Xinis on Wednesday denied the Trump administration’s request for another extension to provide information on Abrego Garcia.

$6 million payment 

The resolution, backed by Van Hollen, Senate Minority Leader Chuck Schumer and Virginia Sen. Tim Kaine, would require the State Department to issue a human rights report on El Salvador.

It also specifically asks for a report on the prison known as Centro de Confinamiento del Terrorismo, or CECOT, where Abrego Garcia was initially sent in March, along with nearly 300 other men deported from the U.S.

The State Department issued a 2023 report on human rights conditions in El Salvador, which noted that there were reports of “systemic abuse in the prison system, including beatings by guards and the use of electric shocks.”

If the resolution manages to pass in the Republican-controlled Senate and House, and the State Department doesn’t issue a human rights report within 30 days, then any foreign assistance to El Salvador would be canceled, Kaine said.

The Trump administration has stated that it’s paying El Salvador $6 million to detain the men at CECOT.

Van Hollen said of that funding, the Trump administration has paid El Salvador about $4 million so far to detain the men and plans to pay as much as $15 million.

Experts have raised concerns that the foreign assistance funds to El Salvador from the State Department violate the Leahy Law, which bars financial support of “units of foreign security forces” — which can include military and law enforcement staff in prisons —  facing credible allegations of gross human rights violations.

Van Hollen meeting in El Salvador

Van Hollen also pushed back on the Trump administration’s insistence that because Abrego Garcia is in El Salvador’s custody, he cannot be returned.

Van Hollen, who traveled to El Salvador last month seeking a meeting with Abrego Garcia, said during that trip he spoke with El Salvador Vice President Félix Augusto Antonio Ulloa. Van Hollen said Ulloa told him “the only reason the government of El Salvador is holding (Abrego Garcia) is because the Trump administration is paying (El Salvador) to do so.”

Van Hollen was initially denied a visit with Abrego Garcia. But he was eventually able to secure an in-person meeting under the close supervision of Salvadoran officials.

Abrego Garcia appeared with Van Hollen in civilian clothes — a stark difference from a video released by the Trump administration that showed Abrego Garcia in a prison uniform and being roughly handled by Salvadoran officials.

In response to the in-person meeting, the White House wrote on its official social media account that Abrego Garcia “is NOT coming back.”

Van Hollen said he has not had any update on the condition of Abrego Garcia since the visit to El Salvador.

Message for Bukele

During El Salvador President Nayib Bukele’s first-ever visit to the Oval Office in April, he declined to return Abrego Garcia. In that same meeting, Trump asked Bukele if he would take “homegrown” criminals, meaning U.S. citizens.

Kaine said that he had a message for the president of El Salvador if he accepts U.S. citizens for incarceration.

“You might think it’s cute right now to grab attention by a bromance with President Trump,” he said, adding in Spanish that any alliance with Trump will be short-lived, ending with the conclusion of his term in office. “If you think we’ll forget you violating the human rights of American citizens, you’re wrong,” said Kaine.

Van Hollen added that he, along with Kaine and Schumer, plan to introduce a bill to place sanctions against Bukele and “all those who are part of his government conspiring with Donald Trump to deprive residents of the United States of their constitutional rights.”