The Trump administration received bipartisan criticism on Sunday for its deportation of Kilmar Abrego Garcia — a Salvadorian citizen who lived in Maryland and was deported to a prison in El Salvador due to an "administrative error."
Sen. John Kennedy, R-La., called the deportation a "screw up" though he stopped short of pushing for Abrego Garcia's return to the U.S. Meanwhile, Sen. Chris Van Hollen, D-Md. — who recently visited Abrego Garcia in El Salvador — said the case marks a "constitutional crisis." The Maryland senator also called for a pressure campaign on El Salvador's government to return Abrego Garcia to the U.S.
The Trump administration has refused to bring back Abrego Garcia despite a Supreme Court order to "facilitate" his return. The Salvadoran citizen entered the country illegally; an immigration judge said he should not be deported to El Salvador because Abrego Garcia was able to prove he was likely to suffer persecution in his home country.
The White House has said it can't force the Salvadoran government to release one of its citizens, while El Salvador's President Nayib Bukele called the idea of Abrego Garcia's release "preposterous."
On Thursday, a federal court denied the Trump administration's appeal on the court's return-order.
'Put up or shut up in court'
Sen. Van Hollen defended his recent trip to El Salvador Sunday after President Trump criticized his meeting with Abrego Garcia.
On Friday, Trump posed with a photo of a man's hand with tattooed knuckles.
"This is the hand of the man that the Democrats feel should be brought back to the United States," Trump wrote on X the day Van Hollen returned from his trip. "They said he is not a member of MS-13, even though he's got MS-13 tattooed onto his knuckles."
This is the hand of the man that the Democrats feel should be brought back to the United States, because he is such “a fine and innocent person.” They said he is not a member of MS-13, even though he’s got MS-13 tattooed onto his knuckles, and two Highly Respected Courts found… pic.twitter.com/31sNr2k1SK
— Donald J. Trump (@realDonaldTrump) April 18, 2025
Van Hollen said he didn't see the markings on Abrego Garcia's hand and that the president's criticism and posts are beside the point.
"I didn't see a tattoo, but here's the main point: Donald Trump and his administration need to put up or shut up in court," Van Hollen said on NPR's Weekend Edition. "They keep putting stuff out on social media."
Last week, the Trump administration posted previously unshared documents on X regarding a 2021 protective order against Abrego Garcia and a 2022 traffic stop.
But Van Hollen said these documents should be tested in court and the posts on social media are meant to "change the subject" away from the administration's mistake.
When asked whether his advocacy for Abrego Garcia is a political risk and might turn off voters — who largely support President Trump's deportation efforts — Van Hollen said he isn't worried.
"I think voters support the idea of making sure that we respect constitutional rights because if we deny them for one person, they could be next," Van Hollen said. "I think conservatives and libertarians, when they think about it, they'll recognize how dangerous it is to deprive someone of their personal liberty without due process."
Abrego Garcia deportation 'was a screw up'
Sen. Kennedy, a Republican, called the Trump administration's deportation of Abrego Garcia a "screw up," but also criticized Van Hollen's words as "rage bait."
"The administration won't admit it," Kennedy said on NBC's 'Meet the Press with Kristen Welker'. "But this was a screw-up. Mr. Garcia was not supposed to be sent to El Salvador. He was sent to El Salvador."
The Louisiana lawmaker also said Abrego Garcia should have received a hearing before his deportation to El Salvador's notorious mega-prison, CECOT.
But, Kennedy threw cold water on the idea that Abrego Garcia's case marks what Van Hollen called a "constitutional crisis."
"The Democrats say, 'Look, you know, we told you Trump is a threat to democracy. This is going to happen every other Thursday afternoon,'" Kennedy said mocking his liberal colleagues. "But I don't see any pattern here. I mean, you know, some day pigs may fly. But I doubt it."
Kennedy argued that Abrego Garcia has received due process — citing previous, though non-specific court hearings — and that the Trump administration hasn't defied a court order. But the Louisiana senator said he'll speak up if Trump skirts an order from the judiciary branch.
"I don't believe that President Trump will defy a federal judge's order," Kennedy said. "If he does, I'll call him out on it."
Separately, Kennedy said he disapproved of Trump's idea of sending American criminals to El Salvador. He called the idea not "appropriate or moral" — citing the eighth amendment which protects U.S. citizens from cruel and unusual punishments.
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