Senate Democrats sparred with Homeland Security Secretary Kristi Noem on Wednesday over whether Kilmar Abrego Garcia will be returned to the United States, as well as the Department of Homeland Security’s spending.
During a Senate Appropriations Committee hearing, Sen. Chris Van Hollen, D-Md., who traveled to El Salvador to meet with Abrego Garcia, asked if the Trump administration would comply with the Supreme Court’s decision that the U.S. government must facilitate Abrego Garcia’s return, Noem replied that the government is following the law but didn’t say yes or no.
“What I would tell you is that we are following court order,” Noem shot back. “Your advocacy for a known terrorist is alarming.”
Sen. Chris Van Hollen attends a Senate Appropriations Subcommittee on Homeland Security oversight hearing, on May 8, 2025, on Capitol Hill in Washington, D.C.
Julia Demaree Nikhinson/AP
Van Hollen said he isn’t “vouching for the man” but rather due process.
“I suggest that rather than make these statements here, that you and the Trump administration make them in court under oath,” he added.
Van Hollen then accused Noem of a political speech, and Noem said she would suggest Van Hollen is an “advocate” for victims of illegal crime.
Last month, after Abrego Garcia’s family filed a lawsuit, U.S. District Judge Paula Xinis ordered the Trump administration to facilitate his return to the U.S. The Supreme Court affirmed that ruling on April 10.
Sen. Chris Van Hollen meets Kilmar Abrego Garcia at a location given as El Salvador, in this image released April 17, 2025.
Senator Chris Van Hollen/X via Reuters
Sen. Chris Murphy, D-Conn., pressed Noem on whether she read the Supreme Court decision, noting that the court ruled 9-0 that the U.S. must facilitate his release.
“Garcia is a citizen of El Salvador. It is up to the president of El Salvador to make the decision coming back,” Noem replied. “It’s been a big topic of conversation between all of us. … The president has been very clear on this issue, as the secretary of state and I have as well. Abrego Garcia is not a citizen of this country and is a dangerous individual.”
Earlier in the hearing, Murphy blasted Noem, saying, “Your department is out of control.”
“You are spending like you don’t have a budget. You’re on the verge of running out of money for the fiscal year. You are illegally refusing to spend funds that have been authorized by this congress and appropriated by this committee,” he said. “You are brazenly violating the law every hour of every day. You are refusing to allow people showing up at the southern border to apply for asylum. I acknowledge that you don’t believe that people should be able to apply for asylum, but you don’t get to choose that.”
Sen. Chris Murphy questions Homeland Security Secretary Kristi Noem as Sen. Katie Britt looks on, during a Senate Appropriations Subcommittee on Homeland Security oversight hearing, on May 8, 2025, on Capitol Hill in Washington, D.C.
Julia Demaree Nikhinson/AP
He added that DHS will run out of money by July on immigration and argued that the department isn’t giving migrants due process.
“What you are doing both the individuals who have legal rights to stay here, like Kilmar Abrego Garcia or students who are just protesting Trump’s policies is immoral, and to follow the theme, it is illegal. You have no right to deport a student visa holder with no due process, simply because they have spoken in a way that offends the president. You can’t remove migrants who a court has given humanitarian protection from removal,” he said.
Noem also noted that the Biden administration let in upward of 20 million people into the country illegally.
Sen. Chris Van Hollen attends a Senate Appropriations Subcommittee on Homeland Security oversight hearing, on May 8, 2025, on Capitol Hill in Washington, D.C.
Julia Demaree Nikhinson/AP
Noem was also asked about the Trump administration’s plan for the Federal Emergency Management Agency and the Cybersecurity and Infrastructure Security Agency. Noem has said she wants to get rid of FEMA and return the funds to the states.
Sen. Shelley Moore Capito, R-W.V., asked Noem to “tread lightly” on dismantling FEMA, marking the first time a Republican has raised caution about the president’s plan to dismantle FEMA. Moore Capito said she is “concerned” that there could be issues with small states “subject to a lot of natural disasters, flooding,” in providing relief.
“I think it’s [a] vital function, and I’m concerned, if you turn it all over to the states, capacity for the state to really handle this is something that — so I would ask you to tread lightly,” she added.
Sen. Chris Van Hollen meets Kilmar Abrego Garcia at a location given as El Salvador, in this image released April 17, 2025.
Senator Chris Van Hollen/X via Reuters
On CISA, she said previously it was operating as the “ministry of truth” during the Biden administration and that the Trump administration is returning CISA to accomplish the stated goals of DHS.
“They were out doing election security missions where censorship and deciding what was truth and what wasn’t truth, and we have eliminated those functions within CISA,” Noem said. “CISA was created to be an entity that supported small and medium businesses and also critical infrastructure, our electrical grid, our water systems that are vulnerable to hacking attempts and influence from foreign countries but enemies of the United States of America.”
Sen. Gary Peters, D-Mich., noted that there were 15 employees out of 3,000 who were working on misinformation.
