DHS Secretary Flouts SCOTUS Order to Senate, Says ‘No Scenario’ Where Abrego Garcia Comes Back despite 9-0 SCOTUS ruling that the US Must facilitate his return.
WASHINGTON — Homeland Security Secretary Kristi Noem on Thursday openly flouted a Supreme Court order to facilitate the return of Kilmar Abrego Garcia to the U.S., insisting during a Senate committee hearing that there is “no scenario” in which the Maryland man will be in the country again.
In response, Sen. Chris Murphy (D-Conn.) called her remarks “incredibly chilling for the balance of powers in a democracy.”
Noem was testifying before a Senate appropriations subcommittee when she made her comments about Abrego Garcia, who federal law enforcement officials last month arrested in his home state of Maryland and deported to an El Salvador prison.
The Trump administration has accused Abrego Garcia, who has no criminal record, of being a member of the international gang MS-13, which his family and attorneys have denied. Originally from El Salvador, he was granted a
“withholding of removal” order in 2019, which prevents the U.S. government from sending him back to his country of origin due to a credible fear of persecution. He’d been legally living in Maryland until ICE agents detained and deported him in March, which the administration said was due to an “administrative error.”
In a 9-0 decision, the Supreme Court last month
ordered the Trump administration to immediately “facilitate” Abrego Garcia’s return and proceed with its case against him in the U.S., as he was never given due process, which is required by the Constitution. But the administration has been
violating the court’s order — which on Thursday Noem bizarrely said wasn’t true, while also insisting Abrego Garcia is never coming back to the U.S.
“Abrego Garcia is a citizen of El Salvador and should never have been in this country and will not be coming back to this country,” she told senators. “There is no scenario where Abrego Garcia will be in the United States again. If he were to come back, we would immediately deport him again.”
Noem said he doesn’t belong in the U.S. “because he is a terrorist, he’s a human smuggler and he is a wife-beater.” There is no evidence that Abrego Garcia is a terrorist, and he was never arrested on or charged with human smuggling. It is true, though, that his wife
filed a protective order petition against him in 2021, alleging he had physically attacked her on multiple occasions.
That is all beside the point, of course, and Noem knows it: Abrego Garcia is entitled to due process in the U.S., and the Supreme Court ordered the Trump administration to bring him back for it. The prospect of the executive branch intentionally violating an order from the nation’s highest court doesn’t just amount to a constitutional crisis; it is grounds for holding the Trump administration in contempt of court.
During the hearing, Democrats pounced on Noem for dodging questions about the legality of the administration’s actions.
“Does the Supreme Court decision not require you to facilitate the return of Mr. Abrego Garcia?” Murphy asked.
“The Trump administration is complying with all court orders and judges’ orders,” she replied.
“Does the Supreme Court order require you to facilitate the return of Mr. Abrego Garcia?” Murphy repeated. “Yes or no?”
“It is up to the president of the El Salvador to make the decision…,” Noem began.
“You’re a defendant in the case!” said the Connecticut senator, stunned.
As Noem again brought up that Abrego Garcia is not a U.S. citizen and is a “dangerous individual,” Murphy cut in.
“The discussion ends when the Supreme Court rules 9-0 that you have to facilitate his release,” he said. “The fact you can’t even acknowledge the wording of the order which commands you to facilitate his release, and you advertise to this committee you are going to willfully ignore the ruling ― that is incredibly chilling for the balance of powers in a democracy that relies on the executive branch to honor decisions made by the highest court of the land.”
Incredibly chilling for the balance of powers in a democracy.Sen. Chris Murphy (D-Conn.)
Things got a bit testy when Sen. Chris Van Hollen (D-Md.), who went to El Salvador last month and met with Abrego Garcia, asked Noem if the Department of Homeland Security is doing literally anything to comply with the Supreme Court’s order.
“We are following court orders,” she said, giving no details. “Your advocacy for a known terrorist is alarming to me.”
Van Hollen chided Noem for using “political rhetoric” and reiterated that there is no evidence Abrego Garcia has ties to terrorists.
“I’m not vouching for the man, I’m vouching for his due process,” he said.
“Well, yes, you are, sir,” Noem said. “You’ve been vouching for him. I would suggest that you defend and stand alongside the victims … and the citizens who live here and are United States Americans.”
“I know you’re doing a political speech here,” Van Hollen said, as they talked over each other. “I’m asking questions of law.”
“I truly believe this as an American,” she replied.
Sen. Katie Britt (R-Ala.), who chairs the subcommittee, eventually jumped in as Van Hollen’s time ran out. She abruptly cut him off as he was talking.
“Madam chair,” he said to Britt. “I have some additional questions.”
“No sir, that’s up to you to manage that time,” she said and ignored his request, turning to Sen. John Kennedy (R-La.) to begin his questions. Van Hollen was miffed.
“Well, I need a little help from a chair that respects the members of the committee,” he sniped as Kennedy began his turn.
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