A fiery debate over an illegal migrant with alleged ties to the notorious MS-13 gang intensified Wednesday as the Department of Justice (DOJ) released documents providing evidence of Kilmar Armando Abrego Garcia’s membership in the violent organization, a claim he has contested in court.
This development comes as former acting ICE Director Tom Homan fiercely criticized Democrats for “coddling a terrorist” in their support of Abrego Garcia, who was erroneously deported to El Salvador last month but whose return to the U.S. has been requested by a lower court.
The DOJ documents, made public on Wednesday, include police interview records, immigration court rulings, and a Department of Homeland Security (DHS) record classifying Abrego Garcia as a deportable/inadmissible alien, all citing his affiliation with the notorious transnational gang.
The release coincided with Homan’s appearance on Fox News’ “The Ingraham Angle,” where host Laura Ingraham questioned him about the Democrats’ defense of Abrego Garcia, specifically mentioning Maryland Democratic Sen. Chris Van Hollen’s recent trip to El Salvador, where he reportedly attempted to meet the migrant.
Homan did not hold back in his criticism. “Chris Van Hollen, the guy that didn’t want to sign the Laken Riley Act that protects American citizens against illegal alien criminal gang members? Who instead of protecting American citizens, his constituents, his taxpayers, he goes to El Salvador and defends an illegal alien with a deportation order that’s a member of MS-13 that has been designated a terrorist organization by President Trump? That’s where he went to defend it?” Homan exclaimed.
He further accused Van Hollen of prioritizing an alleged gang member over the safety of his constituents, referencing a separate incident where an illegal alien charged with murder was reportedly released in Maryland despite an ICE detainer.
“So rather than protecting his community, protecting the residents of Maryland, he goes to El Salvador to coddle an MS-13 gang member terrorist. It’s ridiculous,” Homan asserted.
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Homan also reiterated his claim that an MS-13 expert had allegedly verified photographs of Abrego Garcia’s hand tattoos as being definitively gang-related. “I talked to an MS-13 expert today who also showed me pictures of his [Abrego Garcia’s] hand, where he says, ‘Absolutely the tattoo on one of his hands was absolutely an MS-13 gang tattoo.’ Nothing questionable about it,” Homan stated. He further emphasized that “Two judges said he’s an MS-13 member. ICE says he’s an MS-13 member. The intelligence community says he’s an MS-13 member. El Salvador says he’s an MS-13 member.”
Notably among the DOJ documents is a December 2019 decision by the Board of Immigration Appeals (BIA), which dismissed Abrego Garcia’s challenge to an earlier finding by an immigration judge that he is “a verified member of MS-13.” The BIA determined the immigration judge had correctly considered the gang affiliation allegations when concluding Abrego Garcia had not proven he wasn’t a “danger to property or persons.”
Further details emerge from a Prince George’s County Police Department Gang Field Interview Sheet dated March 28, 2019. Officers encountered Abrego Garcia loitering in a Home Depot parking lot. The report notes he was wearing a Chicago Bulls hat, described as apparel signifying “a member in good standing with the MS-13.” The report also states that a reliable confidential source identified Abrego Garcia as an active member of MS-13’s “Westerns clique,” holding the rank of “Chequeo” and using the moniker “Chele.”
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Abrego Garcia, who originally entered the U.S. illegally in 2011, was deported to El Salvador in March due to what government officials termed an administrative error. This sparked a legal battle, with the administration arguing in court that Abrego Garcia should not be allowed to “relitigate the finding that he is a danger to the community.”
While a lower court initially ordered his return, the Supreme Court intervened, requesting clarification of the order and directing the administration to “facilitate” Abrego Garcia’s release, implying assistance with his return should El Salvador release him.
The DOJ, however, signaled its intention to appeal the subsequent amended order from Judge Paula Xinis, which directs the government to “take all available steps to facilitate the return of Abrego Garcia to the United States as soon as possible.”
Assistant Secretary of Homeland Security for Public Affairs, Tricia McLaughlin, forcefully defended the deportation on ABC News Live Tuesday. “I think what really matters to Americans is that this MS-13 gang member…is a MS-13 gang member,” McLaughlin stated, emphasizing that “There’s actually two separate immigration judges, Jay, who have confirmed and ruled that he is a member of MS-13.”
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McLaughlin further alleged Abrego Garcia’s involvement in serious criminal activity, stating, “He has been involved in human trafficking. He’s been involved in labor trafficking, and he should not be in this country… remember, Jay, who is MS-13? They maim. They rape. They kill Americans for sport, and the American people are done with it.”
She also referenced statements by El Salvadoran President Nayib Bukele, indicating that Garcia would not be returned to the U.S. “This guy was in our country illegally. He is an El Salvadorian citizen, and President Bukele gets to decide what to do with him,” McLaughlin said.
This case unfolds against the backdrop of President Trump’s broader immigration enforcement actions, including the designation of MS-13 as a foreign terrorist organization. Abrego Garcia remains in El Salvador, with his status subject to the decisions of the El Salvadoran government, as the legal battle in the U.S. continues.
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