Must Watch: Rep Dan Goldman Grills Secretary Kristi Noem Over Violation of Kilmar Abrego Garcia’s Due Process Rights

 

 

Washington, D.C. – Congressman Dan Goldman (NY-10) today cross-examined Department of Homeland Security Secretary Kristi Noem over the unlawful deportation of Kilmar Abrego Garcia, who the Secretary unlawfully deported to the notorious Salvadorian CECOT mega-prison as a result of an “administrative error” in March. Despite admitting his deportation was done in error and a unanimous Supreme Court ruling requiring the Secretary to actively facilitate Garcia’s return, she has taken no steps to return him to the United States pursuant to his constitutional right to due process. 

  

 

Congressman Goldman:  I would like to go back to Mr. Kilmar Abrego Garcia's case, Madam Secretary. But my first question for you is a pretty simple one. It's basic civics.  

 

Which branch of government does the Constitution give the authority to interpret what the law is? The judiciary or the Executive Branch? 

 

Secretary Noem: Sir, going forward, the interpretation of the law, you make the laws in this body, the Judicial Branch makes sure that they have integrity and they're applied properly to individuals. 

 

Congressman Goldman:  Okay. So I'm just going to take that as the judiciary branch.  

 

Now, let’s focus for a second on what the Judiciary Branch has said about this case. We know the Supreme Court has said nine to nothing– notwithstanding your statements under oath here today that Mr. Kilmar Abrego Garcia was afforded due process– that he was in fact not afforded due process because if he were, you would have seen the withholding order that did not permit him to be deported to El Salvador.  

 

Now, you allege, and I guess the Attorney General alleges, that he's a member of MS-13. That may very well be the case. And if he is, now that MS-13 is a Foreign Terrorist Organization, certainly the immigration laws would allow him and in fact to require him to be deported. I certainly would support that.  

 

But the problem that we have here is that what you allege, what Ms. Green alleges, what the Attorney General alleges, is not the judiciary. 

 

You don't get to decide whether or not he is an MS-13 member. 

 

And you don't have to take my word for it, because Judge Wilkinson, a Fourth Circuit judge, very conservative, addressed this argument. 

 

He said, “the government asserts that Kilmar Abrego Garcia is a terrorist and a member of MS-13. Perhaps, but perhaps not. Regardless, he is still entitled to due process. If the government is confident in its position, it should be assured that position will prevail in proceedings to terminate the withholding of removal order.” 

 

Will you commit right now to give Mr. Abrego Garcia due process where you can prove your allegation that he is a member of MS13?

 

Secretary Noem: Congressman, that judge that you just quoted did not say he was not a member of MS-13. Who did say that he was a member of MS-13 was law enforcement officers that encountered this individual. 

 

Congressman Goldman: Yeah, he knows that. This is a Fourth Circuit judge. He knows what all of the evidence is. And he's saying if that evidence– 

 

 

So won’t commit to follow this court order? 

 

[Interruption] 

 

Madam Secretary, I reclaim my time. Stop filibustering.  

 

[Interruption] 

 

Stop filibustering. 

  

Will you give Mr. Abrego Garcia the due process at the Supreme Court and Judge Wilkinson has required you to give him? 

Secretary Noem: Abrego Garcia is an El Salvador resident who is in his home country. If he were to come back to this country, he would be immediately removed again.  

 

Congressman Goldman: How do you know?  

 

Secretary Noem: He has received and been treated appropriately. 

 

Congressman Goldman: How can you say he's been treated appropriately if the Supreme Court has ruled nine-nothing that he hasn't been treated appropriately? 

 

Why is your opinion better and have more authority than the Supreme Court? 

 

Secretary Noem:  We had instigators, two judges in immigration court that all said he was MS-13. 

 

Congressman Goldman:  But you understand that that is you saying that. That is you saying that. 

 

[Interruption] 

 

No. That is you making that determination. The court considered all that. The judge has considered all that, Madam Secretary. 

 

[Interruption] 

 

If you would be quiet because I'm reclaiming my time. You are not following this court order. 

 

But let's focus on the court order because this opinion also says that to facilitate, as the Supreme Court requires, is an active verb. It requires that steps be taken.  

 

What steps have you taken to return Mr. Abrego Garcia to allow him to get due process? 

 

Secretary Noem: Abrego Garcia is in his home country. 

 

Congressman Goldman: What steps have been taken? 

 

I'm not advocating for him. I'm advocating for a court order, Madam Secretary. The court order says that you must take steps to follow the court order. 

 

You are here under oath. What steps have you taken to return Mr. Abrego Garcia pursuant to this court order? 

 

Secretary Noem: It's got to be extremely discouraging to be one of your constituents. To see you fight for a terrorist like this and not fight for them is extremely alarming to me.  

 

Congressman Goldman: I'm fighting for due process, and that's under the Constitution.  

And you should fight too for due process.