Quick summary: DHS Assistant Secretary Tricia McLaughlin criticized Kilmar Abrego Garcia for posting TikTok videos while the agency is constrained by a court gag order. Abrego Garcia was deported to El Salvador in March in what officials described as an "administrative error," then returned to U.S. custody and charged with human smuggling tied to a 2022 traffic stop. A federal judge canceled his scheduled trial, extended a temporary restraining order against re-detainment, and set a hearing to consider whether prosecutors acted vindictively.
DHS Official Slams Kilmar Abrego Garcia for Posting TikToks Amid Court Gag Order
Demonstrators gather to protest the deportation of immigrants to El Salvador outside the Permanent Mission of El Salvador to the United Nations April 24 in New York City.
Department of Homeland Security Assistant Secretary Tricia McLaughlin sharply criticized Kilmar Abrego Garcia on Saturday for posting TikTok videos while DHS remains subject to a court-imposed gag order related to his case.
McLaughlin’s comment:
"So we, at [DHS], are under gag order by an activist judge and Kilmar Abrego Garcia is making TikToks. American justice ceases to function when its arbiters silence law enforcement and give megaphones to those who oppose our legal system."
The comments followed the circulation of a roughly one-minute clip that appears to show Abrego Garcia — an El Salvadoran immigrant who has become a focal point in recent immigration enforcement controversies — lip-syncing to a Spanish-language song.
Case Background
Abrego Garcia drew national attention in March after he was deported to El Salvador in what the administration called an "administrative error" because the removal contradicted a 2019 court order. Upon his return to the United States, federal authorities took him into custody and charged him with human smuggling tied to an alleged incident during a 2022 traffic stop.
Federal prosecutors have asserted ties between Abrego Garcia and MS-13, an allegation he denies. Abrego Garcia’s legal team has repeatedly sought to limit public commentary from administration officials, arguing such statements could prejudice his right to a fair trial.
Recent Court Action
This week a federal judge canceled the scheduled trial and set a hearing to review whether prosecutors pursued the smuggling charges vindictively. U.S. District Judge Paula Xinis also extended a temporary restraining order preventing the administration from immediately re-detaining Abrego Garcia after officials failed to produce a final removal order — preserving the earlier order that secured his release from ICE custody.
An earlier court order issued by an Obama-appointed judge had restricted DHS and other administration officials from publicly discussing Abrego Garcia’s case; that restriction was later narrowed by the court.
DHS and a defense attorney for Abrego Garcia did not immediately respond to requests for comment. Reporting contributions to the original coverage included journalists from Fox News Digital and The Associated Press.
