Secretary of Homeland Security Kristi Noem reportedly issued a sharp rebuke Friday after a federal judge ordered the release of Kilmar Abrego Garcia, an El Salvadoran national tied to the MS-13 gang, who had been deported earlier this year but returned to the United States. Noem called the decision a “new low” in the country’s immigration enforcement efforts.
Abrego Garcia, who was deported in March to El Salvador, has been petitioning for his release from federal custody for months. On Friday, U.S. Magistrate Judge Barbara Holmes ordered him freed from a Tennessee jail.
The ruling immediately reignited tensions between the Trump administration’s aggressive crackdown on illegal immigration and what conservatives describe as judicial overreach from liberal judges.
“Activist liberal judges have attempted to obstruct our law enforcement every step of the way in removing the worst of the worst criminal illegal aliens from our country,” Noem said in a statement. She added, “Today, we reached a new low with this publicity hungry Maryland judge mandating this illegal alien who is a MS-13 gang member, human trafficker, serial domestic abuser, and child predator be allowed free.”
Her remarks underscored the administration’s frustration with what it views as a pattern of courts siding with violent offenders over public safety. “By ordering this monster loose on America’s streets, this judge has shown a complete disregard for the safety of the American people. We will not stop fighting till this Salvadoran man faces justice and is OUT of our country,” Noem declared.
The Department of Homeland Security has classified Abrego Garcia as a “known MS-13 gang member” and “public safety threat.” Federal officials note that he faces human trafficking charges connected to a 2022 traffic stop in Tennessee.
Following Friday’s ruling, Abrego Garcia returned to Maryland while awaiting trial.
His case has been closely watched as part of the Trump administration’s broader effort to target gang members and violent offenders who have entered the country illegally.
For the administration, Abrego Garcia represents what it views as the dangers of a broken immigration system, one in which even known criminals can find shelter in the courts.
Yet Abrego Garcia’s defense team has painted a different picture, portraying him as the victim of political targeting. In a Tuesday court filing, his attorneys argued that the prosecution has less to do with his alleged crimes than with his resistance to government overreach.
“Kilmar Abrego Garcia has been singled out by the United States government. It is obvious why. And it is not because of the seriousness of his alleged conduct. Nor is it because he poses some unique threat to this country. Instead, Mr. Abrego was charged because he refused to acquiesce in the government’s violation of his due process rights,” the filing read.
The release of Abrego Garcia highlights the ongoing clash between the Trump administration’s immigration priorities and a judiciary that conservatives argue too often prioritizes the rights of criminal aliens.
For Noem, the issue is clear: keeping dangerous offenders off American streets. Whether the courts will continue to act as a counterweight to that mission remains to be seen.
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