Department of Homeland Security Secretary Kristi Noem defended the deportation of Kilmar Abrego Garcia, an alleged MS-13 gang member, during a heated exchange with Rep. Eric Swalwell (D-CA) on Wednesday.
The tense back-and-forth unfolded during a House hearing where Swalwell repeatedly questioned the basis for Garcia’s removal and the authenticity of a photo tied to the case.
Garcia, who illegally entered the United States in 2011, was deported to El Salvador amid findings of gang affiliation and a history of alleged criminal activity.
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The California congressman focused much of his questioning on an image posted to President Donald Trump’s Truth Social account, which some have speculated may be digitally altered.
Swalwell used the image to question DHS’s reliance on visual evidence in the Garcia case.
“Madame Secretary, I have a 7-year-old, a 6-year-old and a 3-year-old, I have a bullshit detector. I’m just asking you, is this [photograph] doctored or not doctored?” Swalwell asked.
Noem responded by distancing DHS from the photograph. “Sir, the protocols in the case built against Abrego Garcia were exactly the same. I don’t have any knowledge as to that photo you’re pointing to,” she said.
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Swalwell continued pressing the matter and challenged Noem’s position by questioning the evidence against Garcia.
“Are you saying Abrego Garcia is not a wife beater? He is not a criminal, he’s not a human trafficker, he’s not a member of MS-13?”
“You vouched for [Garcia] when you said he was mistakenly deported,” Swalwell said, accusing the administration of inconsistency.
Noem pushed back. “I didn’t vouch for him. In that photo, it’s so telling that you won’t look at the photo,” Swalwell added.
“You’re vouching for a man who is a known violent criminal. Sir, I did not say that,” Noem replied.
“He should’ve been deported, absolutely. It was never a mistake to deport him and we will not be bringing him back to this country and staying here. If he were brought back to this country, he would be deported right away … This is unbelievable to me that you’re focused on a photo.”
Garcia’s immigration history includes multiple incidents that prompted DHS to pursue removal proceedings.
In March 2019, he was observed loitering in a Home Depot parking lot wearing gang-associated clothing.
DHS stated that Garcia’s attire — including a hoodie featuring currency images associated with MS-13 symbolism — supported findings that he was “in good standing” with the gang.
A subsequent immigration court ruling identified him as “a verified member of MS-13,” a determination upheld in 2019 by the Board of Immigration Appeals.
In 2022, Garcia was pulled over on a Tennessee highway while driving a vehicle registered to Jose Ramon Hernandez-Reyes, a convicted human smuggler.
Inside the vehicle were eight passengers with no travel documentation or luggage.
DHS connected the incident to a broader investigation into human trafficking operations. A domestic violence restraining order was also filed against Garcia in 2021 by his wife.
Despite these findings, the Biden-Harris administration initially granted Garcia a withholding of removal status, which allowed him to remain in the U.S. and obtain work authorization.
In April, President Trump publicly addressed the photo at the center of the controversy during an exchange with ABC News reporter Terry Moran.
Trump insisted that Garcia’s tattoos in the photo were authentic and challenged suggestions that the image was manipulated.
Moran pressed Trump to call El Salvador President Nayib Bukele and demand Garcia’s return, to which Trump responded that he would not do so, citing Garcia’s background.
Although the U.S. Supreme Court ruled that the administration must “facilitate” Garcia’s return, President Bukele stated on April 14 that El Salvador would not comply with the order.
The diplomatic standoff remains unresolved. Garcia remains in El Salvador.
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