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DHS Assistant to Newsmax: Courts Lack Jurisdiction Over Abrego Garcia Lawsuit

By Syndicated Author May 29, 2025 | 10:07 AM

Department of Homeland Security Assistant Secretary for Public Affairs Tricia McLaughlin, commenting on a demand filed by the Trump administration to dismiss a lawsuit over the deportation of Kilmar Abrego Garcia to El Salvador, argued on Newsmax Thursday that the courts can’t have jurisdiction over his case.

“He’s not in the United States,” she told “Wake Up America.” “He’s also not a U.S. citizen.”

The administration on Wednesday asked for the dismissal with the argument that the court lacks jurisdiction, as Abrego Garcia remains outside the United States. The procedural move came as the government was asked to respond to his lawsuit about his deportation within 60 days.

The case has gone on for two months and has involved a judge’s order to return Abrego Garcia and a Supreme Court ruling to “facilitate” his return.

But McLaughlin reiterated the administration’s arguments that Abrego is a member of the MS-13 gang, which he has continued to deny.

“This is a known human trafficker,” she claimed. “This is a known wife-beater and an illegal immigrant. He should not have been in our country in the first place. The media might want you to believe that he is a Maryland man and an innocent father. But he’s anything but.”

Meanwhile, millions of dollars have been spent to try to get him back on U.S. soil, and “it’s really un-American and it’s unacceptable to the American people,” McLaughlin said.

Over the weekend, Rep. Glenn Ivey, D-Md., tried to visit with Abrego Garcia in the El Salvador prison where he is detained but was rejected, and McLaughlin accused Democrats and the media of “doing the bidding of MS-13 gang members” by calling for his release.

“On the other hand, you have [DHS] Secretary [Kristi] Noem, President Trump and other members of the Trump administration, including our brave ICE enforcement officers who are working every single day to get these vicious criminals off of American streets,” said McLaughlin. “So when they show us who they are, we should believe them. … you got to think about it: Maryland is home to the Naval Academy, Bethesda and Fort McHenry. It’s a hugely patriotic state, and you’re standing with an illegal gangbanger who’s been deported.”

McLaughlin also commented on a judge’s order that the Trump administration’s bid to deport Columbia University student and pro-Palestinian activist Mahmoud Khalil is likely unconstitutional.

“Our universities have become absolute cesspools for antisemitism, for violence, for harassment of students, especially Jews, and Mahmoud Khalil was a ringleader at his university, perpetuating this,” she said. “He even took over buildings, defaced private property. This is not how U.S. taxpayer benefits should be spent.”

But the administration will keep fighting to “make sure that these anti-American, pro-terrorist individuals no longer get to reap the benefits of visas and green cards that come at the expense of U.S. taxpayers,” said McLaughlin. “This administration isn’t giving up. We’re not going to allow individuals like Khalil to stay on U.S. soil and benefit from American taxpayers.”

Meanwhile, border czar Tom Homan is planning a visit to Nashville after Rep. Andy Ogles, R-Tenn., said two House panels will investigate Mayor Freddie O’Connell on claims that he has been “aiding and abetting” undocumented immigrants through his actions.

“Just last night, his office put out the names of Homeland Security investigators and doxed our ICE enforcement officers,” McLaughlin said. “They claimed it was a mistake. There’s zero chance it was a mistake, and there will be repercussions.”

Published with information from The Associated Press.

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