During Thursday’s Senate Appropriations Committee, Sen. Chris Van Hollen (D-MD) questioned DHS Secretary. Kristi Noem about the Supreme Court decision rehgarding the return of Kilmar Abrego Garcia.
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00:00Senator Van Hollen. Thank you. Thank you, Madam Chairman. Madam Secretary, it's good
00:08to see you. And I was glad to see in your recent testimony that you reaffirmed
00:13your obligations to uphold the Constitution of the United States. And I
00:19understand you had an exchange with Senator Murphy on the Abrego-Garcia
00:24case. And so I'm just going to put the question directly to you. Are you or DHS
00:31doing anything to comply with the 9-0 Supreme Court order to facilitate his
00:38return to the United States? Just yes or no? This administration is following all
00:41federal court orders. Madam Secretary, this is a simple question. It's the President's prerogative on conversations that happened with the President of El Salvador. Madam Chair, I ask a simple question.
00:49I would, you know, we have a limited amount of time. I just asked you, Madam Secretary,
00:53whether or not you or the Department of Homeland Security are taking any action to
01:00facilitate the 9-0 Supreme Court decision to facilitate his return. This is a very
01:06simple question. Are you taking any action to facilitate his return or are you not?
01:10This administration is following and complying with all federal court orders to make sure that we are...
01:16So you are, so, because the court order that you facilitate his return. So you are facilitating his return.
01:22Sir, Senator, thank you for the question. But what I would tell you is that we are following court orders and that your advocacy for a known terrorist is alarming to me.
01:31Madam Secretary... It's alarming to me because he's a human smuggler.
01:34Madam Secretary, I'm going to have to reclaim my...
01:36...and a terrorist and he's not a U.S. citizen. He's a citizen of El Salvador and he's home. If he were to come back here, we would take him immediately.
01:43All right, I'm going to have to... Madam Secretary, you should know a couple facts then.
01:47Which is, number one, in 2019, the immigration court said that he should not be returned to El Salvador because it would put his life in danger.
01:58The Trump administration at the time did not appeal that decision. After that, he got a work permit and was working legally in the United States of America.
02:09This is also why the district court and the appellate court and the Supreme Court have ruled as they have.
02:17I suggest that rather than make these statements here, that you and the Trump administration make them in court under oath.
02:26Because despite what you just said, the federal district court whose judge is hearing this case right now said, and I'm quoting, that the administration has provided no evidence linking Abrego Garcia to MS-13 or any other terrorist activity.
02:40I'm not... I'm not vouching for the man. I'm vouching for his due process rights.
02:44Well, yes, you are, sir. You've been vouching for him.
02:45No, no, no. Madam Secretary, with respect...
02:47I would suggest that you defend and stand alongside the victims of illegal crime...
02:51This is political rhetoric.
02:52...citizens who live here and are United States Americans. I would suggest you advocate for them as hard as you could do...
02:57Madam Secretary, I know you're doing a political speech here.
03:00No, I'm not, sir.
03:01I get it. I'm asking questions of law. No, you're just spewing rhetoric.
03:05I truly believe this. I truly believe this as an American.
03:07Let me ask you this. Do you agree? Do you agree with Justice Scalia in the Supreme Court opinion in Reno v. Flores that I'm quoting,
03:18it is well established that the Fifth Amendment entitles aliens to due process of law in deportation proceedings? End of quote.
03:25Sir, we are utilizing every due process tool that this Congress has afforded us.
03:30This is...
03:31Congress decides what due process is appropriate for every situation.
03:34expedited removal is a due process that you have afforded us that we are utilizing.
03:39The Alien Enemies Act is another tool that we are utilizing.
03:40I'm going to reclaim my time, Madam Secretary.
03:42So we are giving due process and using the tools that this Congress has given us.
03:47Madam Secretary, this is really, you know, I'm asking sort of simple questions of law.
03:52And simple questions like, are you complying with a 9-0 Supreme Court decision?
03:58And you seem to think that's some kind of trick question.
04:00Let me ask you this. You were down at Seacott.
04:03In El Salvador. And you said, and that I'm quoting,
04:09it is one of the tools in the toolkit that we will use.
04:14And it's well known that the Trump administration is paying the government of El Salvador to keep these individuals,
04:21including those who the U.S. courts have determined were illegally taken out of the country in violation of their due process rights.
04:28Have you seen the grant document between the United States and the government of El Salvador with respect to the SECOT?
04:36It's important that everybody knows the consequences of what happens for their actions in this country.
04:41When you break the law and you're a member of a foreign-
04:44Madam Secretary, I ask you a question.
04:45Have you seen the document?
04:47This is not hard.
04:48Yes, I have.
04:49Okay.
04:50And what are the provisions of the document?
04:54So do you know who, what entities in El Salvador are receiving the funds?
04:57Sir, I'm sure you can see this document as well and have looked at it for evaluation as well.
05:01Well, I'm glad you raised that, Madam Secretary,
05:03because I sent you a letter along with many of my colleagues here on April 8th asking for, among other things, that document.
05:11Will you respond to the letter that we sent?
05:13I will respond to your letter.
05:15Can I get some sense of when?
05:16We will take a look at it.
05:18I don't remember seeing your letter yet, but I will certainly take a look at it.
05:21Well, it's been there over a month.
05:22The Senator's time has expired.
05:24Madam Chair.
05:25Senator Kennedy.
05:26Madam Chair.
05:27Madam Secretary.
05:28Madam Secretary.
05:29I have some additional questions.
05:32No, sir.
05:33That's up to you to manage that time.
05:34Senator Kennedy.
05:35Madam Secretary.
05:36I need a little help from a chair that respects the members of the committee.
05:39Madam Secretary.
05:40I'm sorry, Chair.
05:41This is-
05:43You pretty-