• DHS Assistant Secretary accuses judicial system of silencing law enforcement while allowing alleged criminals megaphone
• Abrego Garcia released from ICE custody on December 11 after judge ruled Trump administration lacked valid removal order
• Federal judge canceled trial this week and scheduled hearing to examine potential vindictive prosecution

WASHINGTON, DC (TDR) — Department of Homeland Security Assistant Secretary Tricia McLaughlin publicly criticized Kilmar Abrego Garcia on December 27 for posting TikTok videos while federal judges have restricted the agency from commenting on his legal cases.

McLaughlin reposted a video showing the Salvadoran national lip-syncing to a Spanish Christian worship song, writing that “American justice ceases to function when its arbiters silence law enforcement and give megaphones to those who oppose our legal system.”

“So we, at DHS, are under gag order by an activist judge and Kilmar Abrego Garcia is making TikToks.”

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The public statement marks the latest escalation in a highly contentious deportation case that has become a flashpoint in the Trump administration‘s mass deportation campaign.

Complex Legal Battle

Abrego Garcia was deported to El Salvador in March despite having a withholding of removal order barring deportation to that country. The Trump administration acknowledged the deportation was an “administrative error.” Upon his return to the United States, Abrego Garcia faced human smuggling charges stemming from a 2022 traffic stop.

U.S. District Judge Paula Xinis, an Obama appointee, ordered Abrego Garcia’s immediate release from ICE custody on December 11 after determining the government lacked a viable deportation plan. She extended a temporary restraining order preventing the Trump administration from immediately re-detaining him during the Christmas holiday season.

This week, a federal judge canceled Abrego Garcia’s trial in Tennessee and scheduled a hearing for late January to examine whether prosecutors have been acting vindictively and selectively targeting him.

Allegations And Denials

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Federal prosecutors allege Abrego Garcia made more than 100 trips across the country smuggling illegal migrants, drugs and firearms, according to grand jury indictments. The Trump administration claims he is an MS-13 gang member and has a 2018 conviction for gang participation in Prince George’s County Circuit Court in Maryland.

Abrego Garcia denies MS-13 involvement and has not been convicted of the federal human smuggling charges. He has lived in Maryland for years with his American wife and child. His attorneys have accused Border Patrol officers of repeatedly violating the gag order by making public statements describing him as an “alien smuggler” and “wife beater” on national television.

Deportation Standoff

Abrego Garcia’s attorneys indicated he would accept deportation to Costa Rica, and the Costa Rican government reportedly agreed to accept him on humanitarian grounds. The Trump administration has insisted Costa Rica is unwilling despite evidence suggesting otherwise.

Instead, the administration has sought to remove him to several African nations including Liberia, Uganda, Eswatini or Ghana. The withholding of removal order permits his deportation to any country except El Salvador, where he claims to fear persecution.

The TikTok videos that prompted McLaughlin’s response show Abrego Garcia lip-syncing to Spanish Christian songs including “Himno de Victoria” by Danny Berrios and “Sumérgeme” by Jesús Adrián Romero. The videos have received hundreds of thousands of views and sparked intense political debate.

Democratic lawmakers and media outlets have rallied around Abrego Garcia, frequently referring to him as a “Maryland man” rather than emphasizing his immigration status.

Should federal judges impose gag orders restricting law enforcement commentary on ongoing cases, or does public transparency require agencies to discuss high-profile deportation matters?

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