DHS restricted by gag order as alleged MS-13 member Kilmar Abrego Garcia stays free, posts TikTok
So we, at @DHSgov, are under gag order by an activist judge and Kilmar Abrego Garcia is making TikToks.
— Tricia McLaughlin (@TriciaOhio) December 27, 2025
American justice ceases to function when its arbiters silence law enforcement and give megaphones to those who oppose our legal system. https://t.co/11pNrHQUK6
WASHINGTON, DC: Department of Homeland Security (DHS) Assistant Secretary Tricia McLaughlin commented on alleged MS-13 member Kilmar Abrego Garcia following his release. Garcia recently posted a video on TikTok after being freed by what McLaughlin described as an 'activist judge'.
McLaughlin explained that the department is currently restricted by a gag order issued by the judge. She even said that the justice system is not working properly, 'American justice ceases to function.'
Paula Xinis ordered Garcia’s release after 10 months in ICE detention, ruling it unlawful without a valid removal order. For those unfamiliar, a gag order is a legal instruction from a judge that prevents certain people from speaking publicly about the matter.
DHS restricted by gag order while alleged MS-13 member shares videos online
Tricia McLaughlin stated that the Department of Homeland Security is currently constrained by a gag order from an 'activist judge,' preventing officials from commenting publicly on Kilmar Abrego Garcia.
"So we, at @DHSgov, are under gag order by an activist judge and Kilmar Abrego Garcia is making TikToks." "American justice ceases to function when its arbiters silence law enforcement and give megaphones to those who oppose our legal system," she added. McLaughlin reshared the post on Sunday, December 28, which was shared by Denny Johnson on X (formerly Twitter).
What’s known about Kilmar Abrego Garcia and his alleged MS-13 ties?
Kilmar Abrego Garcia, 29, from El Salvador, was deported from the United States in March. His case has sparked a legal battle over immigration policies. Courts, including the Supreme Court, have said his deportation was a mistake and ordered the government to help him return to Maryland.
The White House says Abrego Garcia is linked to the Salvadoran gang MS-13, calling it a foreign t******* group, and has stated he 'will never live' in the US again, as per BBC News. Even Donald Trump has said he could allow Garcia back, but has decided not to. Garcia denies any gang involvement and has not been convicted of a crime.
The case against Kilmar Abrego Garcia and alleged gang connections
Kilmar Abrego Garcia admitted in court documents that he entered the US illegally in 2012. In March 2019, he and three others were stopped by police in a Home Depot parking lot in Hyattsville, Maryland. The officers said the group was 'loitering' and later identified Garcia and two others as MS-13 members.
As per BBC News, a police report called the 'Gang Field Interview Sheet' described what the officers saw. They said Garcia was wearing a 'Chicago Bulls hat and a hoodie with rolls of money covering the eyes, ears and mouth of the presidents on the separate denominations.'
Police wrote that this clothing style is 'indicative of the Hispanic gang culture' and that 'wearing the Chicago Bulls hat represents that they are a member in good standing with the MS-13.'