Capitol Hill Engages in Battle over Kilmar Abrego Garcia
Both parties recognize a political opportunity in the battle surrounding the Trump deportee.
TroibNews 
The mounting legal conflict surrounding President Donald Trump’s wrongful deportation of Kilmar Abrego Garcia, a man from El Salvador, has become a significant political issue in Congress.
An increasing number of Democrats are rallying behind Garcia, who had been residing in Maryland before his removal last month. Some senators are planning trips to El Salvador to advocate for his return, beginning with Sen. Chris Van Hollen, who met with the country’s vice president on Wednesday.
This situation is perceived by Democrats as more than just an isolated case of deportation; they see it as part of the broader "constitutional crisis" they've warned about following the Supreme Court's ruling that the administration must "facilitate" Garcia’s return. The Trump administration has argued that it is not legally required to arrange for his return, although it has admitted that his deportation was a mistake.
“The Trump administration is clearly in violation of American court orders,” Van Hollen remarked at a press conference in El Salvador. He also noted that the U.S. embassy had indicated they “have received no direction from the Trump administration to help facilitate his release.”
Conversely, congressional Republicans are backing the Trump administration, which is engaged in a contentious federal court battle regarding Garcia's return. They are attempting to shift the narrative from legal issues to a political debate about illegal immigration, a topic they believe will be advantageous for their party.
The White House sees a political opportunity by framing the situation around immigration issues, actively encouraging Republican lawmakers to push back against what they view as Democratic overreach. By Wednesday, over a dozen Republicans had begun to publicly criticize Democrats' positions, including various party leaders.
“This isn’t just failed leadership — it’s a complete abandonment of their duty to protect American citizens,” Rep. August Pfluger, chair of the conservative Republican Study Committee, stated on Wednesday. “While Democrats are fighting on behalf of illegal criminals on your dime, Republicans will continue [to] fight for the safety of American citizens.”
Abrego Garcia entered the U.S. illegally around 2011 and was arrested but not charged in 2019. An immigration judge subsequently determined he could not be sent back to his home country due to fears of persecution, allowing him to live and work legally in the U.S. The Trump administration acknowledged earlier this month that his deportation was a mistake.
As the court case surrounding Abrego Garcia unfolds, Congress has found itself largely sidelined. U.S. District Judge Paula Xinis stated that she will conduct an “intense” two-week investigation into the administration’s refusal to seek his return.
The political battle is expected to intensify. Van Hollen initiated a series of trips planned by Congressional Democrats to visit El Salvador in the coming days, aiming to draw attention to Abrego Garcia’s detention and push for his release.
Sen. Cory Booker, the No. 4 Senate Democrat, is also planning to make a trip, as confirmed by a source who requested anonymity to discuss the plans. In the House, Reps. Maxwell Frost and Robert Garcia expressed their intention to visit El Salvador as soon as possible, along with Rep. Yassamin Ansari, a member of the Oversight Committee. Rep. Delia Ramirez has worked to advance the issue through the House Homeland Security Committee.
Rep. Jamie Raskin, the leading Democrat on the House Judiciary Committee, connected Garcia’s legal struggle to Trump’s proposition of sending U.S. citizens convicted of violent crimes to foreign prisons.
“If the rights of non-citizens are not secure, then the rights of citizens are not secure,” Raskin remarked at an event with legal and immigration advocates.
Administration officials and congressional Republicans claim that Abrego Garcia is affiliated with the violent Salvadoran gang MS-13; however, he has never faced charges related to gang activities, and the federal judge responsible for overseeing his deportation case has described the evidence against him as weak.
House Republicans also made a trip to El Salvador this week to visit the prison, known as CECOT, where Abrego Garcia is currently held. Several members shared photos on social media that included prisoners in the background.
“It is unconscionable that Democrats in Congress are urging the release of more foreign criminals back into our country,” Ways and Means Committee Chair Jason Smith expressed in a post on X about the trip he led.
In response, Van Hollen indirectly countered the GOP’s critiques during his news conference, stating that he and Salvadoran Vice President Félix Ulloa agreed that the U.S. and El Salvador should “work together to crack down on transnational gangs like MS-13.” He also highlighted his previous efforts in Maryland to “crack down on MS-13.”
While Republicans defend the administration, some are facing questions from constituents. Sen. Chuck Grassley was challenged at a town hall meeting on the steps Congress might take to facilitate Garcia’s return amid the legal dispute, to which he responded, “El Salvador is an independent country. The president of that country is not subject to the U.S. Supreme Court.”
El Salvador’s president, Nayib Bukele, has been a vocal supporter of Trump, offering to employ his “iron fist” strategies against alleged criminal deportees in exchange for financial incentives. Trump has even alluded to the possibility of sending U.S. citizens to CECOT, which has faced human rights criticisms.
Raskin anticipates that pressure will increase to the point where the administration will have to adhere to court orders, foreseeing “massive backlash in the country” and “international condemnation of what is taking place.” Van Hollen suggested that the conflict could escalate into funding disputes in Congress, where Democrats might seek to prohibit federal spending on deportations to El Salvador.
Not all Democrats are adopting an aggressive stance, however. Rep. Vicente Gonzalez, who co-chairs the bipartisan Congressional El Salvador Caucus and attended Bukele’s recent inauguration, appealed to the Salvadoran leader's sense of pride in a statement on Wednesday, urging him to release Abrego Garcia.
Gonzalez encouraged Bukele to “play the long game,” expressing hope for a meeting with him soon. “He is still young and would have a lot to offer the world after his presidency. It would be a real disgrace to see him squander what he has achieved,” he added. “The world is watching.”
Emily Johnson for TROIB News
An increasing number of Democrats are rallying behind Garcia, who had been residing in Maryland before his removal last month. Some senators are planning trips to El Salvador to advocate for his return, beginning with Sen. Chris Van Hollen, who met with the country’s vice president on Wednesday.
This situation is perceived by Democrats as more than just an isolated case of deportation; they see it as part of the broader "constitutional crisis" they've warned about following the Supreme Court's ruling that the administration must "facilitate" Garcia’s return. The Trump administration has argued that it is not legally required to arrange for his return, although it has admitted that his deportation was a mistake.
“The Trump administration is clearly in violation of American court orders,” Van Hollen remarked at a press conference in El Salvador. He also noted that the U.S. embassy had indicated they “have received no direction from the Trump administration to help facilitate his release.”
Conversely, congressional Republicans are backing the Trump administration, which is engaged in a contentious federal court battle regarding Garcia's return. They are attempting to shift the narrative from legal issues to a political debate about illegal immigration, a topic they believe will be advantageous for their party.
The White House sees a political opportunity by framing the situation around immigration issues, actively encouraging Republican lawmakers to push back against what they view as Democratic overreach. By Wednesday, over a dozen Republicans had begun to publicly criticize Democrats' positions, including various party leaders.
“This isn’t just failed leadership — it’s a complete abandonment of their duty to protect American citizens,” Rep. August Pfluger, chair of the conservative Republican Study Committee, stated on Wednesday. “While Democrats are fighting on behalf of illegal criminals on your dime, Republicans will continue [to] fight for the safety of American citizens.”
Abrego Garcia entered the U.S. illegally around 2011 and was arrested but not charged in 2019. An immigration judge subsequently determined he could not be sent back to his home country due to fears of persecution, allowing him to live and work legally in the U.S. The Trump administration acknowledged earlier this month that his deportation was a mistake.
As the court case surrounding Abrego Garcia unfolds, Congress has found itself largely sidelined. U.S. District Judge Paula Xinis stated that she will conduct an “intense” two-week investigation into the administration’s refusal to seek his return.
The political battle is expected to intensify. Van Hollen initiated a series of trips planned by Congressional Democrats to visit El Salvador in the coming days, aiming to draw attention to Abrego Garcia’s detention and push for his release.
Sen. Cory Booker, the No. 4 Senate Democrat, is also planning to make a trip, as confirmed by a source who requested anonymity to discuss the plans. In the House, Reps. Maxwell Frost and Robert Garcia expressed their intention to visit El Salvador as soon as possible, along with Rep. Yassamin Ansari, a member of the Oversight Committee. Rep. Delia Ramirez has worked to advance the issue through the House Homeland Security Committee.
Rep. Jamie Raskin, the leading Democrat on the House Judiciary Committee, connected Garcia’s legal struggle to Trump’s proposition of sending U.S. citizens convicted of violent crimes to foreign prisons.
“If the rights of non-citizens are not secure, then the rights of citizens are not secure,” Raskin remarked at an event with legal and immigration advocates.
Administration officials and congressional Republicans claim that Abrego Garcia is affiliated with the violent Salvadoran gang MS-13; however, he has never faced charges related to gang activities, and the federal judge responsible for overseeing his deportation case has described the evidence against him as weak.
House Republicans also made a trip to El Salvador this week to visit the prison, known as CECOT, where Abrego Garcia is currently held. Several members shared photos on social media that included prisoners in the background.
“It is unconscionable that Democrats in Congress are urging the release of more foreign criminals back into our country,” Ways and Means Committee Chair Jason Smith expressed in a post on X about the trip he led.
In response, Van Hollen indirectly countered the GOP’s critiques during his news conference, stating that he and Salvadoran Vice President Félix Ulloa agreed that the U.S. and El Salvador should “work together to crack down on transnational gangs like MS-13.” He also highlighted his previous efforts in Maryland to “crack down on MS-13.”
While Republicans defend the administration, some are facing questions from constituents. Sen. Chuck Grassley was challenged at a town hall meeting on the steps Congress might take to facilitate Garcia’s return amid the legal dispute, to which he responded, “El Salvador is an independent country. The president of that country is not subject to the U.S. Supreme Court.”
El Salvador’s president, Nayib Bukele, has been a vocal supporter of Trump, offering to employ his “iron fist” strategies against alleged criminal deportees in exchange for financial incentives. Trump has even alluded to the possibility of sending U.S. citizens to CECOT, which has faced human rights criticisms.
Raskin anticipates that pressure will increase to the point where the administration will have to adhere to court orders, foreseeing “massive backlash in the country” and “international condemnation of what is taking place.” Van Hollen suggested that the conflict could escalate into funding disputes in Congress, where Democrats might seek to prohibit federal spending on deportations to El Salvador.
Not all Democrats are adopting an aggressive stance, however. Rep. Vicente Gonzalez, who co-chairs the bipartisan Congressional El Salvador Caucus and attended Bukele’s recent inauguration, appealed to the Salvadoran leader's sense of pride in a statement on Wednesday, urging him to release Abrego Garcia.
Gonzalez encouraged Bukele to “play the long game,” expressing hope for a meeting with him soon. “He is still young and would have a lot to offer the world after his presidency. It would be a real disgrace to see him squander what he has achieved,” he added. “The world is watching.”
Emily Johnson for TROIB News
