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

This report has been updated.

GREENBELT, Maryland — The Trump administration plans to deport Kilmar Abrego Garcia to a third country once he is released from federal custody, a Department of Justice attorney disclosed during a Thursday emergency court hearing.

Attorneys for the unlawfully deported Abrego Garcia had made an emergency request Thursday to bring him back to Maryland while his criminal case continues.

The move by the lawyers followed earlier public statements from Trump administration officials that they would deport Abrego Garcia to El Salvador upon his release from a Tennessee federal court as soon as Friday. But Thursday, plans appeared to have shifted to deportation somewhere else.

DOJ attorney Jonathan Guynn, under questioning by District of Maryland Judge Paula Xinis, said the Trump administration planned to deport Abrego Garcia, and “to a third country is my understanding.”

“He will be taken into (U.S. Immigration and Customs Enforcement) custody and removal proceedings will be initiated,” Guynn said of Abrego Garcia’s release. “There are no imminent plans to remove him to a third country.”

Xinis declined the request to return him to Maryland, arguing that Abrego Garcia has not been released and that she’s not clear if she has the jurisdiction to fulfill such a request.

She added that Guynn said the U.S. Department of Homeland Security does not have “imminent plans” to deport Abrego Garcia to a third country, while holding out that possibility.

The Supreme Court this week, ruled that it will allow, for now, the Trump administration to continue carrying out deportations to third countries, after a Massachusetts judge barred removals without proper notice. In such cases, immigrants are deported to countries that are not their native countries and may be far from them.

Jonathan Cooper, a partner of Quinn Emmanuel, the firm representing Abrego Garcia in his immigration case, tried to ask Xinis if she would require the Trump administration to notify Cooper and his team before deporting him to a third country.

“We have concerns that the government may try to move Mr. Abrego Garcia quickly over the weekend,” Cooper said.

Xinis said she would not because Guynn said that the Trump administration had no “imminent plans” to remove Abrego Garcia.

Cooper laid out the same concerns in the written emergency request to Xinis Thursday.

“The Government’s public statements leave little doubt about its plan: remove Abrego Garcia to El Salvador once more,” according to the complaint written by attorneys from Quinn Emmanuel.

“If this Court does not act swiftly, then the Government is likely to whisk Abrego Garcia away to some place far from Maryland,” it says.

Federal prosecutors in Tennessee court have said that should Abrego Garcia be released, he would be immediately arrested by ICE agents and could face deportation back to El Salvador, despite having protections from such removal since 2019.

Tennessee case

Abrego Garcia was returned from El Salvador earlier this month to the United States to face federal criminal charges lodged in Tennessee that accuse him “of conspiracy to unlawfully transport illegal aliens for financial gain” and “unlawful transportation of illegal aliens for financial gain.”

The indictment occurred while Abrego Garcia was housed in a Salvadoran prison.

The human smuggling charges stem from a 2022 traffic stop in Tennessee when police pulled Abrego Garcia over for speeding. Eight other men were in the car, but neither Abrego Garcia nor the passengers were arrested.

DHS opened an investigation into the three-year-old stop and Attorney General Pam Bondi held a press conference on the day Abrego Garcia was returned to the U.S. to face federal charges.

She argued that the traffic stop was part of a years-long human smuggling scheme where Abrego Garcia was paid by members of the MS-13 gang to transport migrants who entered the country without legal authorization to destinations across the country.

His attorneys have denied the charges and Abrego Garcia pleaded not guilty in federal court in Nashville.

Stephen Miller, the chief architect of many of the president’s immigration policies and a senior White House adviser, has written on social media that Abrego Garcia would be deported back to El Salvador if released. Abrego Garcia’s attorneys have pointed to that statement as to why they want him brought back to Maryland.

The Trump administration has alleged that Abrego Garcia is a leader of the MS-13 gang, and President Donald Trump has made those same allegations. During an interview, the president held up a photo of Abrego Garcia’s knuckles that were digitally altered to type MS-13 on his fingers.

House Democrats pressed DHS Secretary Kristi Noem in May about the doctored photo and she sidestepped questions about whether the photo was real, until she eventually said she was unaware it existed.

She added that even if Abrego Garcia was returned to the U.S. that he would be immediately deported.

Maryland arguments

In Maryland, Abrego Garcia’s lawyers said in their complaint they want to ensure he is not deported again.

“This motion does not ask this Court to adjudicate Abrego Garcia’s custodial status in the Tennessee criminal proceedings; that is for the Tennessee district court to resolve,” they wrote.

“Nor does this motion seek to alter any of the conditions of release set by the Tennessee district court or otherwise interfere with the Tennessee criminal proceedings. This motion simply seeks to ensure that when Abrego Garcia is released from criminal custody, he returns to, and remains in, this District (other than to travel to Tennessee as needed), until further order from this Court.”

Abrego Garcia lives with his family in Maryland. “Maryland is where he was on March 12 at the moment his unlawful removal saga began, when ICE agents with ‘no warrant for his arrest and no lawful basis’ arrested him and locked him up at an ‘ICE facility in Baltimore, Maryland,’” the complaint said.

“Returning Abrego Garcia to Maryland implements the Supreme Court’s directive and safeguards this Court’s jurisdiction in this matter,” it added.

Clashes between administration and judges

Abrego Garcia’s wrongful deportation drew national attention to the Trump administration’s aggressive mass deportations campaign that some judges have found skirted due process rights for immigrants. The White House has clashed with the judicial branch with some frequency over immigration decisions.

The Trump administration this week has, in an unusual move, sued the entire judicial bench of the District Court of Maryland, including Xinis, over a standing order to require a two-day pause for deportations due to a high volume of habeas corpus claims from immigrants challenging their detention in the state. A habeas corpus claim allows immigrants to challenge their detention.

Abrego Garcia has had deportation protections from his home country since 2019, but in March he was arrested in Maryland by federal immigration officials while driving his son home and informed his status had changed. Days later, he was deported to a notorious prison in El Salvador, a move the Trump administration admitted was a mistake.

In April, the Supreme Court ruled that the Trump administration had to “facilitate” Abrego Garcia’s return to the United States, but stopped short of requiring it.

For the next two months, administration officials would testify in a Maryland court that Abrego Garcia’s return was out of their hands and up to the government of El Salvador.

Xinis has accused the Trump administration of stonewalling information and is allowing for discovery in the civil case to continue to determine if the Trump administration violated her court order to return Abrego Garcia. 

A protester holds a photo of Maryland man Kilmar Abrego Garcia as demonstrators gather to protest against the deportation of immigrants to El Salvador outside the Permanent Mission of El Salvador to the United Nations on April 24, 2025 in New York City. (Photo by Michael M. Santiago/Getty Images)

WASHINGTON — The Department of Justice in an unusual move has filed a lawsuit against all the judges in the federal court in Maryland, in an attempt to block the court’s two-day pause on deporting immigrants who challenge their detention in the state.

The action by the Trump administration represents the DOJ’s latest clash with the judicial branch, and one that may be repeated in other states. Holds on deportations have slowed the administration’s aggressive plans for mass deportation of people without permanent legal status, on the grounds of due process.

“Every unlawful order entered by the district courts robs the Executive Branch of its most scarce resource: time to put its policies into effect,” according to the complaint. “In the process, such orders diminish the votes of the citizens who elected the head of the Executive Branch.”

The complaint by DOJ argued that a standing order from Chief Judge George Russell of the District Court of Maryland is “nothing more than a particularly egregious example of judicial overreach interfering with Executive Branch prerogatives—and thus undermining the democratic process.”

In late May, Russell signed a standing order to halt deportations for two days in an effort to accommodate the sudden high volume of habeas corpus claims filed outside of normal court business hours. A habeas corpus claim allows immigrants to challenge their detention.

The Trump administration argues that the order stymies federal immigration enforcement and acts as a preliminary injunction or temporary restraining order without meeting the threshold and is therefore unlawful.

“Inconvenience to the Court is not a basis to enter an injunction, and filings outside normal business hours, scheduling difficulties, and the possibility of hurried and frustrating hearings are not irreparable harms,” according to the complaint.

The Department of Justice has also asked that the judges recuse themselves from the case, and that either the 4th Circuit hear the case or a judge randomly selected from another district.

Abrego Garcia case

The Maryland court in Greenbelt has halted several immigration-related moves by the Trump administration, with the most high-profile case handled by Judge Paula Xinis, who ordered the return of the wrongfully deported Kilmar Abrego Garcia who was sent to a prison in El Salvador.

The case went all the way to the U.S. Supreme Court, which ruled the Trump administration must facilitate the return of Abrego Garcia. The Maryland man was brought back earlier this month, but to face federal charges on human smuggling that were filed after he was wrongfully deported and courts ordered his return.

The Maryland case is still ongoing, as Xinis is allowing discovery to determine if the Trump administration refused to comply with her order to return Abrego Garcia.

Another judge, Theodore David Chuang, in February partly granted a request from Quakers and other religious groups to limit the U.S. Department of Homeland Security’s authority to conduct immigration enforcement in houses of worship.

Sen. Chris Van Hollen, D-Md., right, meets with Kilmar Abrego Garcia, the Maryland resident who was erroneously deported to El Salvador by the U.S. government. (Photo courtesy Van Hollen's office)

WASHINGTON — Attorneys for Kilmar Abrego Garcia, the wrongly deported Maryland man who has now been returned to the United States, are pushing to keep his civil case open in pursuit of sanctions against the Trump administration for refusing to comply with a U.S. Supreme Court order to facilitate his return.

“Until the Government is held accountable for its blatant, willful, and persistent violations of court orders at excruciating cost to Abrego Garcia and his family, this case is not over,” according to the brief by Abrego Garcia’s attorneys filed Sunday.

“The executive branch’s wanton disregard for the judicial branch has left a stain on the Constitution,” they wrote. “If there is to be any hope of removing that stain, it must start by shining a light on the improper actions of the Government in this tragic affair and imposing meaningful remedies.”

The Trump administration on Friday moved to dismiss the civil suit filed in federal district court in Maryland, arguing it is moot after Abrego Garica landed in the U.S. to face criminal charges for “alien smuggling.”

A May 21 two-count Tennessee grand jury indictment, unsealed Friday, accused Abrego Garcia of conspiracy to unlawfully transport undocumented people for profit and the unlawful transportation of undocumented people between 2016 and 2025. The indictment also accused him of being a member of the MS-13 gang.

His attorneys have disputed those charges.

Department of Justice lawyers also moved to deny Abrego Garcia bond, on the grounds that he is a flight risk and poses a danger to the community.

If convicted, Abrego Garcia could face up to 10 years in prison for each undocumented person transported.

“Accordingly, the sentencing exposure for the defendant – given the number of undocumented aliens involved – goes well beyond the remainder of the defendant’s life,” Robert E. McGuire, acting U.S. attorney for the Middle District of Tennessee, wrote.

Deported to CECOT

The civil suit was brought by Abrego Garcia’s family after he was arrested by immigration officials in March and swiftly put on a deportation plane to a notorious mega-prison in El Salvador, despite having protections against removal to his home country since 2019.

Abrego Garcia’s arrest in March was not due to any criminal charges, but he was informed his immigration status had changed. The Trump administration has admitted his initial deportation to the brutal CECOT prison was an “administrative error,” but has maintained Abrego Garcia was in the custody of El Salvador and could not be brought back.

Trump officials, including President Donald Trump, repeatedly said that Abrego Garica would not return to the U.S. and the president seemed upset with the news of his return on Friday.

“He should have never had to be returned,” Trump said in a gaggle with reporters on Air Force One Friday night. “It’s a disaster.”

On Friday, Attorney General Pam Bondi thanked El Salvador President Nayib Bukele after the Trump administration presented an arrest warrant for Abrego Garcia.

‘Determined stalling campaign’

The Trump administration argued that because Abrego Garcia was brought back to the U.S. on Friday, the civil case is moot.

But his attorneys argue that Abrego Garcia was not brought back to Maryland due to court orders – even as high as the Supreme Court – but “rather to Tennessee so that he could be charged with a crime in a case that the Government only developed while it was under threat of sanctions.”

“Two things are now crystal clear. First, the Government has always had the ability to return Abrego Garcia, but it has simply refused to do so,” according to the brief. “Second, the Government has conducted a determined stalling campaign to stave off contempt sanctions long enough to concoct a politically face-saving exit from its own predicament.”

Maryland District Court Judge Paula Xinis, who has handled the high-profile case since March, has granted Abrego Garcia’s attorneys until Wednesday to file their request for sanctions against the Trump administration.

Abrego Garcia’s attorneys said they want to push forward with discovery documents because they “are finally on the verge of securing answers from knowledgeable officials about what the Government actually did or did not do to facilitate Abrego Garcia’s return.”

Abrego Garcia will be arraigned before a federal court in Nashville on Friday.

U.S. Reps. Mark Pocan and Gwen Moore toured Wisconsin's only the ICE detention facility and demanded answers about the people being targeted for deportation in the state | Official photos

U.S. Rep. Gwen Moore contacted the U.S. Department of Homeland Security Friday to ask the agency to remove a statement from the top of its website describing Milwaukee resident Ramón Morales Reyes as “this illegal alien who threatened to assassinate President Trump.” 

The bizarre accusation that Morales Reyes wrote a letter threatening to kill the president has been disproven, and the man who tried to frame him has confessed to forging the letter.

Yet, on Friday, when Moore visited the ICE detention center in Dodge County, Morales Reyes was still there. And the lurid accusation against him is still prominently featured at the top of the Homeland Security website. In the featured statement, Homeland Security Secretary Kristi Noem thanks the ICE officers who arrested Morales Reyes, promotes the idea that he is a dangerous criminal who poses a grave threat, and promises, “He will remain in ICE custody at Dodge County Jail in Juneau, Wisconsin, pending his removal proceedings.”

Moore held a Zoom press conference after her visit. She described Morales Reyes as a humble, religious man who, incredibly, bears no ill will toward Demetric Scott, the man who has been charged with stabbing and robbing him and who then tried to get him deported so he couldn’t testify as a victim in Scott’s upcoming trial. 

It’s very important that the U.S. government stop spreading misinformation about Morales Reyes and afford him due process, Moore said, not just because of the outrageous injustice of his particular case, but because of what it means more broadly. Morales Reyes is an applicant for a U visa — a type of nonimmigrant status set aside for crime victims who have suffered mental or physical abuse and are cooperating with law enforcement or the government in the investigation and prosecution of crimes.

Scott, the man charged with stabbing Morales Reyes and who has admitted forging the letter that led to his arrest, was trying to short-circuit that cooperation ahead of his trial for a violent armed robbery.

If the government deports Morales Reyes, “it will embolden criminals,” Moore said. It’s critical that the U.S. government protect immigrants who are victims of crimes, like Morales Reyes, because if we don’t, we are abetting the criminals. “That’s the message that we’ll be sending if we deport these individuals,” Moore said. “If you’re some pimp out there, some trafficker, some drug pusher, and you want to find someone to abuse, all you’ve got to do is find an immigrant.”

Coincidentally, on the same Friday afternoon Moore visited Morales Reyes and began her campaign to get the government to stop spreading misinformation about him, U.S. Attorney General Pam Bondi announced that Trump administration officials were finally bringing back Kilmar Abrego Garcia, the man they wrongly deported to El Salvador. But, Bondi said, the government is charging Abrego Garcia with a slew of serious crimes including being “a smuggler of humans and women and children.”

We don’t know yet if the federal case against Abrego Garcia will include another ham-fisted attempt to pass off obviously doctored photos of his hands with photoshopped “MS-13”gang tattoos. But the administration that continues to push the discredited claim that Morales Reyes penned a letter threatening to assassinate the president inspires zero trust. 

What a relief, in this awful political climate, to see Moore sticking up for immigrants who are being targeted and terrorized, demanding answers from ICE and doing her best to uphold the rule of law. Moore has also been championing Yessenia Ruano, the beloved Milwaukee teacher’s aid who has a pending application for a T visa as a victim of human trafficking, and has been ordered to self-deport back to El Salvador, where she was victimized. Going back would place her in serious danger and leave her young daughters without a mother. 

“She’s an exceptional asset to the school district where she works, not a threat at all to the community,” Moore said.

A week before her visit with Morales Reyes, Moore was joined by her fellow Wisconsin Democrat, U.S. Rep Mark Pocan, on an unannounced inspection visit to the Dodge County jail, Wisconsin’s only ICE detention facility. Moore went back again Friday because she was initially refused an interview with Morales Reyes.

“We have congressional prerogative to do an unannounced visit” to see what’s going on in ICE detention, Pocan said. “In fact,” he added, “I think [it’s] a requirement, really, morally, to do an unannounced visit to these facilities.” 

When they got to the jail, Pocan and Moore had to explain their oversight prerogative. They presented a letter from the ranking Democrat on the House Appropriations Committee, and waited an hour to get inside. They expressed appreciation for the sheriff, who let them come in and tour the facility, though they weren’t permitted to talk to any detainees. 

When they tried to contact ICE it was another story. There were no ICE agents present — they only show up to bring in detainees every three weeks, the sheriff told them. When they tried to call the Milwaukee ICE field office, the phone was disconnected. They left messages at the Chicago office that were not returned. Of the roughly 100 immigrant detainees at Dodge, who come from all over the country, they couldn’t find out how many have been arrested in Wisconsin. 

“This is the problem, right?” said Pocan. “ICE treats us all like we don’t deserve to get information, even though we have oversight authority.” 

Part of what bothered Pocan, he said, is “the arrogance that we’ve seen from ICE so far this year.” 

“ICE is acting like they are somehow above the law,” he said, “above lawmakers.” 

It has become abundantly clear that the Trump administration’s rhetoric about targeting dangerous criminals for deportation is utter bunk.

Neither Morales Reyes nor Yessenia Ruano nor Abrego Garcia poses a threat to community safety. The real threat is coming from masked ICE agents terrorizing immigrants and local communities.

We desperately need leaders who will stand up to these terror tactics. That takes guts, as the arrest of Milwaukee Judge Hannah Dugan showed, as did the Homeland Security agents barging into a congressional office and roughly handcuffing a staffer they accused of letting protesters hide there.

I’m grateful for the courage of Moore and Pocan. 

As they said, if we don’t stand up for the people the Trump administration is targeting now, we will be next.

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A protester holds a photo of Maryland man Kilmar Abrego Garcia as demonstrators gather to protest against the deportation of immigrants to El Salvador outside the Permanent Mission of El Salvador to the United Nations on April 24, 2025. (Photo by Michael M. Santiago/Getty Images)

WASHINGTON — Kilmar Abrego Garcia, a Maryland man wrongly deported to his native El Salvador three months ago, was brought back to the U.S. on Friday and will face federal charges, U.S. Attorney General Pam Bondi said.

Abrego Garcia’s case had become a flashpoint in a debate over what due process rights protect immigrants from deportation after federal officials conceded he was sent to a notorious El Salvador mega-prison because of an administrative error. 

Still, President Donald Trump, El Salvador President Nayib Bukele, Bondi and other administration officials said for months Abrego Garcia could not be released because of criminal conduct they had not publicly produced evidence of.

In a gaggle with reporters on Air Force One Friday night, Trump declined to say whether it was his decision to bring Abrego Garcia back to the U.S., according to White House pool reports.

“He should have never had to be returned,” Trump said. “It’s a disaster.”

Bondi said Friday a federal warrant for Abrego Garcia’s arrest on human trafficking charges compelled his release from the Salvadoran prison system.

“Abrego Garcia has landed in the United States to face justice,” Bondi said at a Department of Justice news conference Friday afternoon. “He was a smuggler of humans and women and children.”

The 10-page indictment filed in the Middle District of Tennessee comes after a federal grand jury indicted him on May 21 for allegedly transporting migrants in the U.S. without legal authorization within the country.

Chris Newman, an attorney representing the Abrego Garcia family said at a virtual press event Friday that he remained skeptical of the federal charges lodged at Abrego Garcia.

“I can tell you that we should all treat whatever charges that are being leveled against him with a high degree of suspicion,” Newman said. “We should make sure that he gets a fair (trial) in court because he’s clearly not getting a fair hearing in the court of public opinion.”

Bondi did not detail when the investigation into Abrego Garcia began, but said the federal indictment charges contained “recently found facts.”

“This is what American justice looks like upon completion of his sentence, we anticipate he will be returned to his home country of El Salvador,” Bondi said.

WKRN in Nashville said Abrego Garcia’s arraignment has been scheduled for 10 a.m. Friday. 

Outcry over due process

Abrego Garcia’s wrongful deportation to the notorious mega-prison Centro de Confinamiento del Terrorismo, or CECOT, drew national outcry as the Trump administration clashed with a federal court that ordered the return of the Beltsville man and resisted the U.S. Supreme Court’s order to “facilitate” his return.

Despite the orders, Trump administration officials did not appear to take any public steps to secure Abrego Garcia’s release, and at times seemed to relish their defiance of the courts.

Bondi thanked El Salvador’s government Friday for releasing Abrego Garcia in compliance with the warrant.

The Trump administration has argued in federal court in Maryland for months that Abrego Garcia is in the custody of El Salvador and therefore cannot be returned, despite a $15 million agreement between the U.S. and the Salvadoran government to keep roughly 300 men removed from the U.S. and detained at CECOT. Abrego Garcia had been moved to a different El Salvador prison prior to his release.

Abrego Gacia had deportation protections to his home country of El Salvador since 2019.

He was pulled over by U.S. Immigration and Customs Enforcement agents in March and informed that his immigration status had changed. He was later placed on one of three deportation flights on March 15 to CECOT.

The Trump administration admitted his removal was an “administrative error” but has since alleged that Abrego Garcia was a leader in the MS-13 gang without producing evidence in the federal civil court overseeing the suit challenging his removal.

Maryland U.S. Sen. Chris Van Hollen, who traveled to El Salvador to press for Abrego Garcia’s release and return to the U.S., welcomed the news as a victory for due process rights.

“As I have repeatedly said, this is not about the man, it’s about his constitutional rights – and the rights of all,” the Maryland Democrat said in a statement. “The Administration will now have to make its case in the court of law, as it should have all along.”

William J. Ford contributed to this report.

U.S. Rep. Glenn Ivey,  a Maryland Democrat who represents the district where Kilmar Abrego Garcia and his wife live, led the chant “bring him home” outside the U.S. District Court in Greenbelt before a hearing in Abrego Garcia’s case last month. (Photo by Ariana Figueroa/States Newsroom)

WASHINGTON — The Maryland federal judge overseeing the lawsuit concerning the wrongly deported Kilmar Abrego Garcia unsealed documents Wednesday that the Trump administration had asked to keep unavailable to the public under the so-called state secrets privilege.

The order from U.S. District Judge Paula Xinis unsealed three documents that she said did not contain any privileged information. Xinis questioned the Trump administration’s broad use of the privilege during a hearing last month.

The request to unseal the documents came from a coalition of news organizations, arguing First Amendment rights and the public’s right to information in a case that has become a flashpoint between the judiciary branch and the Trump administration.

“The Press Movants rightly contend that, at common law, the public enjoys a presumptive right to access court records, overcome only when outweighed by competing interests,” Xinis wrote Wednesday.

President Donald Trump has said Abrego Garcia, who was removed in March due to an “administrative error,” will not return to the U.S. and Department of Justice attorneys on behalf of the Trump administration have argued in court that the Maryland man is in the custody of El Salvador and the federal government has no authority to bring him back.

In a separate case of another wrongly deported immigrant to El Salvador, the Department of Justice submitted a document detailing that Secretary of State Marco Rubio was personally working with the Salvadoran government to return a 20-year-old referred to in court documents as only “Cristian,” after another federal judge ordered his return.

Discovery documents

Some of the filings that were unsealed Wednesday had been public until the Trump administration moved to seal them.

One unsealed record related to an April discovery request Abrego Garcia’s attorneys made to the government seeking information about how the administration was facilitating Abrego Garcia’s return from El Salvador. The U.S. Supreme Court ruled the Trump administration must facilitate the Maryland man’s return, but stopped short of requiring it.

Another document related to the Trump administration’s request for more time in discovery proceedings.

“It does not disclose any potentially privileged or otherwise sensitive information for which a compelling government interest outweighs the right to access,” Xinis wrote.

One document was partially redacted, because it “includes some information potentially implicated by the state secrets privilege,” Xinis wrote.

The document, signed by Abrego Garcia attorney Jonathan G. Cooper, objected to the Trump administration’s attempt to pause discovery. The government had argued that complying with discovery in the lawsuit would hinder efforts to facilitate Abrego Garcia’s return.

“As we explained to the government, in our meet-and-confer, we do not understand why the production of documents or interrogatory responses — none of which has occurred in the public eye — has any bearing on efforts to facilitate Mr. Abrego Garcia’s release and return,” Cooper wrote in the partially redacted document unsealed Wednesday.

A fourth document, a transcript from a late April hearing, will be released but redacted until the high-profile case is settled, Xinis wrote.

“Although the Court does not wholly agree with the Defendants’ overbroad characterizations of the government interests at stake, the Court does recognize that certain information touches upon Defendants’ asserted state secrets privilege as applied to Secretary of State Marco Rubio and the State Department,” she wrote about the partially redacted transcript.  

Secretary of State Marco Rubio testifies before the House Appropriations Committee's Subcommittee on National Security, Department of State, and Related Programs at the Rayburn House Office Building on May 21, 2025 in Washington, D.C. (Photo by John McDonnell/Getty Images)

WASHINGTON — U.S. Secretary of State Marco Rubio is personally working to facilitate the return of a man wrongly deported to a notorious mega-prison in El Salvador, at the request of the Department of Homeland Security, the Trump administration said on Monday in court documents.

If successful, the man, identified in documents in federal court in Maryland only by the pseudonym of “Cristian,” would be the first deported person returned from the brutal Salvadoran Centro de Confinamiento del Terrorismo, or CECOT.

Bringing him back to the United States would also contradict the Trump administration’s long-running argument in the courts and to the public that El Salvador has custody over hundreds of men sent there in March, not the U.S.

The Trump-appointed judge in Cristian’s case on Friday had blasted the administration for not detailing to her its actions to return him.

The Trump administration has made the same argument in the case of another wrongly deported man, Kilmar Abrego Garcia of Maryland, despite a U.S. Supreme Court order to facilitate his return.

Trump and other top U.S. officials have alleged Abrego Garcia is a gang member, though there is no evidence of that. President Donald Trump has also acknowledged he could bring Abrego Garcia back if he wanted to do so.

‘Prompt and diligent efforts on behalf of the United States’

The court document in Cristian’s case filed Monday by U.S. Department of Homeland Security official Mellissa B. Harper says that Rubio “has a personal relationship” with El Salvador’s President Nayib Bukele and Salvadoran government officials that dates back over a decade to the Florida Republican’s time on the Senate Committee on Foreign Relations.

The case is being heard in Baltimore, in the District of Maryland.

“Based on this deep experience with El Salvador and the Secretary’s familiarity with political and diplomatic sensitivities in that country, he is personally handling the discussions with the government of El Salvador regarding persons subject to the Court’s order detained in El Salvador,” according to the document.

“Secretary Rubio has read and understands this Court’s order, and wants to assure this Court that he is committed to making prompt and diligent efforts on behalf of the United States to comply with that order,” the document continues.

The document notes that DHS has asked the State Department for “assistance in complying with the Court’s order, including by entering into negotiations to facilitate Cristian’s return.”

Harper, who submitted the declaration, works at Immigration and Customs Enforcement’s Enforcement and Removal Operations division as the acting deputy executive associate director.

Judge harshly criticized administration

The document was filed after U.S. District Judge for the District of Maryland Stephanie Gallagher Friday slammed the Trump administration for its “blatant lack of effort to comply” with her order earlier this month to report steps taken to bring back Cristian, who in court documents is said to be 20 years old.

On May 6, she affirmed her decision that the Trump administration must facilitate Cristian’s return.

Gallagher, whom Trump appointed in 2018, gave the Department of Justice until Monday to comply with her order.

Cristian was among roughly 300 men sent to the Salvadoran mega-prison CECOT. About 200 of those men were removed under an 18th-century wartime law, the Alien Enemies Act of 1798, and the rest, such as Abrego Garcia, were removed under other immigration laws.

Cristian arrived in the U.S. as an unaccompanied minor and was part of a class action that barred removal from the U.S. while his asylum case was pending in immigration court.

Like the Abrego Garcia case, the administration said earlier it was powerless to compel the Salvadoran government to release Cristian, an argument Gallagher expressed frustration with Friday.

“Defendants simply reiterated their well-worn talking points on their reasons for removing Cristian and failed to provide any of the information the Court required,” Gallagher wrote in her order.

The Trump administration is paying El Salvador up to $15 million to detain removed immigrants from the U.S.

“As a Venezuelan native, he is in El Salvador only because the United States sent him there pursuant to an agreement apparently reached with the government of El Salvador,” Gallagher wrote.

Voces de la Frontera Executive Director Christine Neumann-Ortiz (center) discusses the arrest of Ramón Morales Reyes with attorneys Kimi Abduli (right) and Cane Oulahan (left). (Photo by Isiah Holmes/Wisconsin Examiner)

A strange turn of events followed the arrest of Ramón Morales Reyes, a 54-year-old Mexican-born man, who was living in Milwaukee as he sought a U-visa — a type of visa available to victims of crimes. 

On Friday, advocates from Voces de la Frontera joined immigration attorneys representing Morales Reyes to dispute accusations made by the U.S. Department of Homeland Security (DHS) that Morales Reyes — who does not speak or write in English — drafted a neatly handwritten note in English threatening to assassinate President Donald Trump. Voces de la Frontera and Morales Reyes’ attorneys are calling for DHS to correct the record and clear his name.

The affair began on May 21, when Voces de la Frontera received a hotline call reporting a possible sighting of Immigration and Customs Enforcement (ICE) in Milwaukee. Christine Neumann-Ortiz, executive director of Voces de la Frontera, said during the Friday press conference that one of the group’s “trained community verifiers” contacted local residents who confirmed the sighting and also provided video footage of Morales Reyes being detained. 

“His vehicle was left on the side of the road, and using the license plate we were able to identify the owner and communicate with his family,” said Neumann-Ortiz. “Shortly after, Ramón’s daughter came to our office to seek help. We assisted her in completing a power of attorney and ensuring that her father received the essential medication that was critical to his health. We immediately contacted attorney Kime Adbuli, who has been representing Ramón in his ongoing U-visa case.”

Neumann-Ortiz explained that a “U-visa” is a form of immigration relief for crime victims who have suffered emotional or physical abuse and who have helped law enforcement or government officials in the investigation and prosecution of a crime. “It provides a temporary legal status, and a pathway to permanent residency,” said Neumann-Ortiz. “In the past, the Morales Reyes family had sought resources from Voces.” 

Days after the arrest, DHS Secretary Kristi Noem provided statements for a press release describing Morales Reyes as an “illegal alien who threatened to assassinate President Trump.” Noem added, “this threat comes not even a year after President Trump was shot in Butler, Pennsylvania and less than two weeks after former FBI Director Comey called for the president’s assassination.” 

Noem was referring to Comey sharing a picture on Instagram of sea shells arranged into the numbers “8647”, which “86” interpreted as slang for “get rid of” and “47” being a reference to Trump, the 47th U.S. president, NPR reported. Comey is now being investigated by the Trump administration. “All politicians and members of the media should take notice of these repeated attempts on President Trump’s life and tone down their rhetoric,” Noem said. “I will continue to take all measures necessary to ensure the protection of President Trump.”

The DHS press release included an image of the note, neatly handwritten in turquoise-colored pen and in flawless English. “We are tired of this president messing with us Mexicans,” it began. “We have done more for this country than you white people — you have been deporting my family and I think it is time Donald J. Trump get what he has coming to him. I will self deport myself back to Mexico but not before I use my 30 yard 6 to shoot your precious president in is (sic) head — I will see him at one of his big ralleys (sic).” The reference to “30 yard 6” may be an incorrectly written reference to .30-06 (pronounced 30 ought six), which is a high caliber bullet for rifles. 

Morales Reyes’ family says that it is impossible that he wrote the note. Described by his attorneys as a soft spoken,  hardworking and committed family man, Morales Reyes works as a dishwasher. He was described as coming from a rural part of Mexico where it’s common for people to have no more than a third-grade education. Morales Reyes had difficulty filling out paperwork, does not speak English and is not proficient in writing in Spanish. Neumann-Ortiz said that his family called Voces organizers, confirming that Morales Reyes had very little formal education, and could not read or write in Spanish. 

Since his arrest, Morales Reyes’ family has received death threats on social media. “They want his name cleared,” said Neumann-Ortiz. On the day he was arrested, CNN reported, Morales Reyes was questioned by detectives from the Milwaukee Police Department (MPD), who suspected that someone may have been setting him up to get deported. Police were reportedly investigating jailhouse calls from a person who’d allegedly assaulted Morales Reyes during a September 2023 armed robbery. 

CNN reported that ICE agents were given a handwritten note by Morales Reyes with family-related information, and agents realized that the handwriting did not match. The questions surrounding the letter are reminiscent of those stemming from the arrest and deportation of Kilmar Abrego Garcia, who was accused by the U.S. government of being a member of the El Salvadoran gang MS-13. President Trump held up pictures which had been altered to appear as though “M S 1 3” was tattooed on Abrego Garcia’s knuckles.  

Getting Morales Reyes deported would prevent him from testifying against the person in custody for allegedly attacking him, his attorneys said at the press conference. 

Attorney Kime Abduli said there are due process concerns around Morales Reyes’ arrest, as it could interrupt his testimony as a victim in a criminal proceeding and  also impact his U-visa case. The specific visa process which Morales Reyes is undertaking “is really meant to offer protection to people who may be undocumented who are victims of crime in the United States,” Abduli explained. 

“It’s meant to encourage them to report those crimes, when they are victims of those crimes, to the authorities, and to cooperate in the investigation. Where a person may be undocumented and fearful of reporting these sorts of things, Congress basically established the U-visa to make it ‘safe’ for them to come forward with that information. As long as they’re cooperating with law enforcement, the U-visa is intended to offer some protection for that individual.” Obtaining a U-visa can be a very lengthy process spanning seven to eight years at a minimum, Abduli said. 

Attorney Cane Oulahan, who is representing Morales Reyes in his deportation proceedings, said that ensuring due process is his top priority. Oulahan said that a bond hearing is expected in the coming days, where he expects the government to argue “vigorously” for Morales Reyes to be deported. It’s likely that the accusations from Noem’s DHS will also be raised before the judge. 

Another controversial deportation in Milwaukee

The controversy and questions come as ICE attempts to expel another Milwaukee resident. Yessenia Ruano, a teacher’s aide in Milwaukee Public Schools, was ordered recently by ICE to return to her home country of El Salvador in a matter of days. This is despite Ruano having a pending visa application for trafficking victims, Milwaukee Journal Sentinel reported. 

On Friday, the same day Voces and attorneys held a press conference about the Morales Reyes case, ICE ordered Ruano to get on a deportation flight on June 3. Ruano will leave behind her 9-year-old twin daughters, who are U.S. citizens. Ruano’s attorneys said that it appears that ICE is abandoning policies of waiting for processing of T and U visas, which protect people from deportation. Ruano has lived in the U.S. for 14 years, has no criminal record, has a valid work visa, and is employed at a bilingual public elementary school. She said she is hoping that a final legal filing could pause her deportation.

Ruano’s case spurred a flurry of condemnation from local Milwaukee officials. “Deporting valued members of our community who are raising and educating our kids, assisting law enforcement in their important work, and giving back to our neighborhoods should alarm us all,” Milwaukee County Executive David Crowley wrote on X. “These individuals are victims of a broken immigration system. The Trump administration told the country they were only going after ‘the worst of the worst’. But time and time again, we see them targeting the very people who contribute the most — our neighbors, our coworkers, or friends.” 

Crowley said that he is “deeply alarmed that our country continues to turn its back on our most vulnerable.” He went on to say that “by not standing up and protecting our neighbors, we’re not just failing them — we’re failing our entire community. Due process is under attack, and that should concern all of us in Wisconsin and across the country.”

Congresswoman Gwen Moore also released a statement, calling Ruano a “beloved member of her community,” and declaring that “deporting Yessenia will not make our country safer.” Moore said the deportation order “will only separate Yessenia from her children and her community while exposing her to danger she was forced to flee in El Salvador. Instead of making America a beacon of hope for people like Yessenia, this Administration’s focus is only pushing cruelty that demonizes immigrants.”

Rep. Ryan Clancy (D-Milwaukee) said that the Trump administration’s deportation of Ruano is “wrong and harmful.” Clancy said in a statement that Ruano had volunteered at her local Catholic parish, worked in her neighborhood school, and was taking care of her family. 

Recent weeks have seen ICE and the Trump Administration focus more on Milwaukee. Since late March, at least four people have been arrested by immigration agents after attending regularly scheduled hearings at the Milwaukee County Courthouse. Local officials denounced the courthouse arrests, only for Circuit Court Judge Hannah Dugan to also be arrested by federal agents for allegedly obstructing authorities by escorting a man sought by ICE from her courtroom into a public hallway.

“Yessenia is an asset to our community whenever she touches it,” said Clancy. “Our community and her daughters deserve to continue to have Yessenia with us here, and Yessenia deserves to continue to build a thriving life with her family in Milwaukee.” Clancy condemned ICE, saying the agency “continues to act arbitrarily and with cruelty. We must all do what we can to protect our neighbors from it.” 

This article has been edited to correct the labeling of the .30-06 (pronounced 30 ought six) rifle cartridge. 

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A crowd gathered outside U.S. District Court in Greenbelt, Maryland, on Tuesday, April 10, 2025, to protest the government's erroneous deportation of Kilmar Armando Abrego Garcia, an El Salvadoran national, to a mega-prison in the Central American country. (Photo by Ashley Murray/States Newsroom)

WASHINGTON — The Trump administration is arguing that a Maryland federal court lacks the authority to require the return of wrongly deported Kilmar Abrego Garcia because he’s in prison in El Salvador — even though the U.S. Supreme Court has directed administration officials to “facilitate” his return.

In addition, the judge in the highly publicized case has denied the Department of Justice’s request for another 30 days to extend its time to submit briefs. Abrego Garcia has remained in prison since March.

DOJ lawyers said in a brief filed Tuesday in U.S. District Court for the District of Maryland, in Greenbelt, that because the administration has not brought back Abrego Garcia, the court cannot act on his case. “This Court lacks jurisdiction because Abrego Garcia is not in United States custody, his injury is not redressable by this Court…,” according to the DOJ brief.

It’s the same argument DOJ attorneys made before another federal judge in the District of Columbia. That judge is deciding whether hundreds of men deported to El Salvador under an 18th-century wartime law — the Alien Enemies Act of 1798 — are in U.S. custody, rather than El Salvador’s custody, and therefore can be required to be returned.

The United States is paying the Salvadoran government up to $15 million to detain the men at a brutal mega-prison, CECOT.

Abrego Garcia was among the nearly 300 men on the deportation flights to CECOT, but was not removed under the Alien Enemies Act. The Trump administration has admitted his removal to El Salvador was an “administrative error,” because Abrego Garcia has had deportation protections from El Salvador since 2019 due to concerns he would face violence if returned to his home country.

Need for additional time ‘rings hollow,’ judge says

The DOJ motion to dismiss the case being heard by District Court Judge Paula Xinis came after Xinis on Monday denied the Trump administration’s request for additional time.

In that request, the Department of Justice asked for 30 days to submit documents as part of an expedited briefing schedule to determine actions the government has taken to facilitate Abrego Garcia’s return.

“The Court ordered expedited discovery because of Defendants’ refusal to follow the orders of this Court as affirmed by the United States Court of Appeals for the Fourth Circuit and the United States Supreme Court,” she wrote in her order denying the request for more time.

“The Court has conducted no fewer than five hearings in this case and at no point had Defendants even intimated they needed more time to answer or otherwise respond,” she continued. “Thus, to say now that additional time is needed to do that which the law requires rings hollow.”

In the DOJ brief, the Trump administration argues that even though the Supreme Court in April ruled that the government must “facilitate” Abrego Garcia’s return, the high court did not rule on the issue of the lower court having jurisdiction over the case.

“Those decisions do not ‘squarely address’ these jurisdictional issues and therefore are not binding as to whether Abrego Garcia’s claims are proper, his injury is redressable by this Court,” according to the DOJ filing.

The Trump administration also argues that the suit Abrego Garcia’s family and attorneys must bring is a habeas corpus claim, which allows people in the U.S. who believe they are being unlawfully detained to petition for their release in court. It can be used to challenge immigration detention.

“Because Plaintiffs seek Abrego Garcia’s release from allegedly unlawful detention on the grounds that it was effected illegally, they make a core habeas claim and must bring it exclusively in habeas,” according to the DOJ brief. “But there is no jurisdiction in habeas.”

Travels to El Salvador

Two Maryland Democratic members of Congress – Sen. Chris Van Hollen and Rep. Glenn Ivey – traveled to El Salvador to meet and advocate for Abrego Garcia’s return.

Van Hollen said that Abrego Garcia had been moved from CECOT to a lower-security prison. He added that Salvadoran officials told him that Abrego Garcia was being held because of the financial agreement between the United States and El Salvador.

While Van Hollen was able to meet and speak with Abrego Garcia last month, Ivey was not.

Ivey returned from El Salvador last weekend, and said Salvadoran officials would not permit him to see Abrego Garcia, who is a resident of his congressional district.

According to Maryland Matters, Ivey said that Abrego Garica remaining in El Salvador despite the Supreme Court’s April order is inching the U.S. toward a “constitutional crisis,” because it seems like the Trump administration is “refusing to comply with court orders. That’s scary.”

At the last hearing before Xinis, DOJ attorney Jonathan D. Guynn said the Trump administration was complying with all court orders and defended statements from Trump officials, including President Donald Trump, who have stated Abrego Garcia would not return to the U.S.

Guynn said that Homeland Security Secretary Kristi Noem’s comment that Abrego Garcia “will not return” to the U.S. meant that if Abrego Garcia was back in U.S. custody he would be removed either to another third country or back again to El Salvador.

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

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.”

U.S. Homeland Security Secretary Kristi Noem delivers remarks to staff at the Department of Homeland Security headquarters on Jan. 28, 2025, in Washington, D.C. (Photo by Manuel Balce Ceneta-Pool/Getty Images)

WASHINGTON — U.S. Department of Homeland Security Secretary Kristi Noem Wednesday harshly criticized three Democrats who were accosted by federal immigration officials while protesting the opening of an immigrant detention center in New Jersey.

Democrats at the hearing of the House Homeland Security Committee in turn said Immigration and Customs Enforcement officials physically assaulted the lawmakers.

Noem, who was appearing to discuss President Donald Trump’s fiscal year 2026 budget for the agency, said the Democrats who went to Delaney Hall to oversee the conditions were not conducting proper oversight.

Members of Congress are allowed to conduct oversight visits at any DHS facility that detains immigrants, without prior notice, under provisions in an appropriations law.

“I believe that it was breaking into a federal facility and assaulting law enforcement officers,” Noem, the former governor of South Dakota, said.

Newark incident

Last Friday, the three New Jersey Democratic members – Reps. Bonnie Watson Coleman, LaMonica McIver and Rob Menendez — were in Newark protesting the reopening of an immigrant detention center.

The mayor of Newark, Ras Baraka, was arrested. It was a stark escalation of Democratic lawmakers’ opposition to the Trump administration’s immigration crackdown.

After the incident, Menendez detailed how ICE agents “pushed, physically assaulted two female members of Congress.” 

Several Republicans on the panel that oversees Homeland Security, including Chair Mark Green of Tennessee, said there should be consequences for the Democrats, such as criminal charges.

Green accused one of three Democrats of assaulting a law enforcement officer.

“This behavior demands a swift and firm response, and I assure you, action will be taken,” Green said.

Arizona GOP Rep. Eli Crane suggested there be criminal charges lodged against the Democratic members and Republican Rep. Andy Ogles of Tennessee suggested to Noem that she “look into actions (to) be taken if a member assaulted” law enforcement.

The top Democrat on the panel, Rep. Bennie Thompson of Mississippi, slammed Noem for the incident.

“Instead of following the law, masked ICE personnel stopped and assaulted the members,” he said. “Then, to make matters worse, instead of launching an investigation into the incident, your department lied to the press about the situation and threatened to arrest members of Congress for doing their job.”

One of the Democrats who was at the detention center protest, McIver, sits on the committee, but she did not speak to Noem about the incident.

“This is not about me,” McIver said, and instead pressed Noem about international students who had their visas revoked.

Focus on Abrego Garcia

Democrats criticized Noem and the Trump administration’s aggressive immigration enforcement that has led to swift deportations and concerns about a lack of due process.

They especially focused on Kilmar Abrego Garcia, a Maryland man who was wrongly deported to a prison in El Salvador.

Rhode Island Democratic Rep. Seth Magaziner called Noem’s leadership of DHS “sloppy,” and said it has led to immigrants and even U.S. citizen children being wrongly deported.

“Instead of enforcing the laws, you have repeatedly broken them,” Magaziner said. “You need to change course immediately before more innocent people are hurt on your watch.”

California Democratic Rep. Eric Swalwell asked Noem if Abrego Garcia was given proper due process.

Swalwell said he was defending due process and held up a poster that showed Trump holding a picture of Abrego Garcia’s hand that digitally added “MS-13” tattoos to his knuckles.

He asked her several times if the photo was doctored. Noem did not answer the question but said she was unaware of the image.

Instead she said that even if Abrego Garcia were returned to the United States, he would be immediately deported. The U.S. Supreme Court ruled the Trump administration must facilitate the return of Abrego Garcia but he remains in El Salvador.

Crane asked Noem if she supported suspending habeas corpus, something that top Trump officials such as Deputy White House Chief of Staff Stephen Miller have floated.

Habeas corpus allows people who believe they are being unlawfully detained to petition for their release in court, and it’s used to challenge immigration detention. It’s currently the only avenue that Venezuelans subject to the Alien Enemies Act of 1798 have to challenge their deportation under the wartime law.

“That’s not in my purview to weigh in on,” Noem said. “This is the president’s prerogative to pursue, and he has not indicated to me that he will or will not be taking that action.”

The U.S. Constitution allows for habeas corpus to be suspended “in Cases of Rebellion or Invasion the public Safety may require it.”

Crane argued that unauthorized immigration counted as an “invasion,” and therefore could be used to suspend habeas corpus.

Habeas corpus has been suspended four times in U.S. history, during the Civil War; in almost a dozen South Carolina counties that were overrun by the Ku Klux Klan during reconstruction; in a 1905 insurrection in U.S. territories in the Philippines; and after the Pearl Harbor bombing in Hawaii.

FEMA dismantling

Thompson grilled Noem about the president’s comments wanting to dismantle FEMA.

Noem said that she is supportive of Trump’s policy.

“The president has been clear that he wants to empower states to give them the opportunity to build out their response,” she said.

She said that while the federal government will be there for support, that local and state governments “know what they need.”

Thompson asked Noem if she had a plan for the federal government responding to natural disasters.

Noem said while there is nothing in writing, “the White House is coming forward with a plan…that will be making recommendations.”

GOP Rep. Carlos Gimenez of Florida, said that while he supports efforts to “reform FEMA,” he stressed to Noem that “we can’t leave those who can’t fend for themselves.”