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.”