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Tom Homan, President Donald Trump's border czar, has defended the deportation of Maryland resident Kilmar Abrego Garcia, even after the Department of Justice (DOJ) said it was a mistake.
Homan, the former acting director of Immigration and Customs Enforcement (ICE), told CNN's Kaitlan Collins that he believes actions were done "right" in Abrego Garcia's case and that future decisions will come down to the DOJ.
Newsweek has contacted the DOJ for comment via email.
Why It Matters
The Trump administration has faced significant criticism for not seeking the return of Abrego Garcia, a Salvadoran national who was flown to the Central American country because of an "administrative error." The White House risks a constitutional crisis if it continues to defy a U.S. Supreme Court ruling ordering the administration to "facilitate" Abrego Garcia's return.
What To Know
Abrego Garcia was deported to a prison in El Salvador in March. Officials alleged he was a member of the MS-13 gang, which the Trump administration designated as a terrorist organization.
His lawyers and family deny any gang connections and say the allegations are largely based on information from a 2019 informant. Officials also argue Abrego Garcia was part of an MS-13 gang in New York—despite never living there—citing his clothing, including Chicago Bulls merchandise, as evidence.
In October 2019, an immigration judge granted Abrego Garcia protection from deportation to El Salvador on the grounds that he faced persecution from gangs in his home country.
Speaking to CNN on Thursday, Homan defended the handling of Abrego Garcia's case, even as the White House maintains it will not seek his return, despite acknowledging the deportation was an error.
Homan said he was not an attorney and could not speak to the legal details of the case. He added he is willing to let the DOJ "fight it out."
He also defended claims that Abrego Garcia is an MS-13 member, noting that two judges ruled there was sufficient evidence to suggest as much.
Abrego Garcia was arrested outside a Home Depot in Maryland in March 2019 with two men identified as active MS-13 members. Police at the time said Abrego Garcia wore "a Chicago Bulls hat and a hoodie with rolls of money covering the eyes, ears, and mouth of the presidents on the separate denominations," which they said indicated gang affiliation.
The judge ruled that there was sufficient evidence to support that Abrego Garcia was a gang member, in part based on information provided by "proven and reliable source" contacted by officers." An appeals judge upheld the finding.
His family has denied any ties to gangs and Abrego Garcia has no criminal record in the United States, according to his lawyers, although his wife accused him of domestic violence and obtained a restraining order against him. She now says they have been reconciled.
On Thursday, the 4th U.S. Circuit Court of Appeals declined to lift a justice's order requiring the administration to "facilitate" Garcia's return.
That same day, Democratic Senator Chris Van Hollen of Maryland met with Abrego Garcia in El Salvador. Van Hollen said he was initially denied entry to the high-security Terrorism Confinement Center (CECOT) where Abrego Garcia is being held, while Republican Representative Riley Moore of West Virginia was allowed inside.
On Monday, President Nayib Bukele of El Salvador said during an Oval Office meeting with Trump, that he does not have the "power" to return Abrego Garcia to the U.S.
What People Are Saying
Tom Homan, speaking to CNN: "If I look at the case as a non-attorney, as just an enforcement officer, I think things were done right. That is my opinion. But again, we'll let DOJ fight it out. I'm not going to get in the middle of what the DOJ is arguing in court. I'm telling you from my stance, what we've done I believe is correct, and that's why the DOJ is standing by the fact that what we did was right.
"Two different federal judges said he's an MS-13 member. A police department said he's an MS-13 member. ICE status shows an MS-13 member. El Salvador says he's an MS-13 member. So again, I'll leave it up to the DOJ to argue that case in court. But that is where I stand, and that's my belief."
U.S. Circuit Judge J. Harvie Wilkinson, in Thursday's opinion: "It is difficult in some cases to get to the very heart of the matter. But in this case, it is not hard at all. The government is asserting a right to stash away residents of this country in foreign prisons without the semblance of due process that is the foundation of our constitutional order.
"Further, it claims in essence that because it has rid itself of custody that there is nothing that can be done. This should be shocking not only to judges, but to the intuitive sense of liberty that Americans far removed from courthouses still hold dear."
Senator Chris Van Hollen posted on X, formerly Twitter: "I said my main goal of this trip was to meet with Kilmar. Tonight I had that chance. I have called his wife, Jennifer, to pass along his message of love. I look forward to providing a full update upon my return."
President Nayib Bukele of El Salvador posted on X: "Kilmar Abrego Garcia, miraculously risen from the 'death camps' & 'torture,' now sipping margaritas with Sen. Van Hollen in the tropical paradise of El Salvador. Now that he's been confirmed healthy, he gets the honor of staying in El Salvador's custody."
What Happens Next
U.S. District Judge Paula Xinis is set to decide whether to hold the Trump administration in contempt for allegedly ignoring a ruling ordering the government to arrange Abrego Garcia's return.
Update 4/18/25, 10:14 a.m. ET: This article has been updated with additional context.
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About the writer
Ewan Palmer is a Newsweek News Reporter based in London, U.K. His focus is reporting on US politics, and Florida ... Read more