WASHINGTON – Department of Homeland Security Secretary Kristi Noem accused a House Democrat of defending a terrorist after he suggested she was ignoring a court order to return a Salvadoran immigrant who was mistakenly deported.
Rep. Dan Goldman of New York asked Noem at a House Homeland Security Committee meeting May 14 what she had done to return Kilmar Abrego Garcia to Maryland after his removal March 15 as an alleged member of MS-13. Garcia, who denies gang membership, had an immigration court order protecting him from deportation, which the administration acknowledged was an administrative error.
“You don’t get to decide whether or not he is an MS-13 member,” Goldman said. “I’m fighting for due process, and that’s under the Constitution.”
More: Who is Kilmar Abrego Garcia? The answer is found on the streets where he lived and worked
Noem told lawmakers the immigration judge and investigators alleged Garcia was a member of MS-13, a crime gang Trump designated a foreign terrorist organization.
“It’s got to be extremely discouraging to be one of your constituents,” Noem said. “To see you fight for a terrorist like this and not fight for them is extremely alarming to me.”
The confrontation reflected the polarized politics between Congress and the Republican administration surrounding President Donald Trump’s strict enforcement of immigration laws. Noem has promoted tough immigration enforcement through television ads and by visiting the notorious Salvadoran prison where Abrego Garcia was sent. Goldman is a former House staffer during Trump’s first impeachment spanning late 2019 into early 2020.
More: Timeline: How an error led to the deportation of a legal resident of US to El Salvador
U.S. District Judge Paula Xinis ordered the government to “facilitate” Abrego Garcia’s return in April. The Supreme Court also ruled 9-0 to “facilitate” his return.
But the government contends Abrego Garcia is a member of the MS-13 gang and is a foreign terrorist – despite his denial – who should remain in El Salvador. Xinis continues to ask for updates on his return.
More: ‘Won’t admit it’s a mistake’: GOP lawmaker hits Trump admin over Abrego Garcia deportation
“If he were to come back to this country, he would be immediately removed again,” Noem said. “He has received and been treated appropriately.”
Goldman said Garcia hadn’t received due process for a chance to deny gang membership in court. The lawmaker cited a ruling from Judge Harvie Wilkinson at the 4th U.S. Circuit Court of Appeals, an appointee of Ronald Reagan.“The government asserts that Kilmar Abrego Garcia is a terrorist and a member of MS-13. Perhaps, but perhaps not,” Wilkinson wrote. “Regardless, he is still entitled to due process. If the government is confident in its position, it should be assured that position will prevail in proceedings to terminate the withholding of removal order.”
This article originally appeared on USA TODAY: Noem accuses House Democrat of helping ‘terrorist’ in wrongful removal
