DHS restricted by gag order as alleged MS-13 member Kilmar Abrego Garcia stays free, posts TikTok

Judge Paula Xinis ordered Garcia’s release after he spent 10 months in ICE detention
PUBLISHED DEC 28, 2025
Tricia McLaughlin criticizes the justice system after Kilmar Abrego Garcia posts TikTok videos following his release (@TriciaOhio/X, Getty Images)
Tricia McLaughlin criticizes the justice system after Kilmar Abrego Garcia posts TikTok videos following his release (@TriciaOhio/X, Getty Images)


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.

BALTIMORE, MARYLAND - AUGUST 25: Kilmar Abrego Garcia goes through security as he arrives at a U.S. Immigration and Customs Enforcement (ICE) field office on August 25, 2025 in Baltimore, Maryland. The U.S. Government is threatening to deport Garcia, a Maryland construction worker from El Salvador, to Uganda after he rejected a plea deal to be charged with Human Smuggling and deported to Costa Rica. Earlier this year Garcia was wrongfully deported to a notorious anti-terrorism prison CECOT in El Salvador. (Photo by Anna Moneymaker/Getty Images)
Kilmar Abrego Garcia goes through security as he arrives at a US Immigration and Customs Enforcement (ICE) field office on August 25, 2025, in Baltimore, Maryland (Anna Moneymaker/Getty Images)

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.

NEW YORK, NEW YORK - JUNE 20: Federal agents patrol the halls of immigration court at the Jacob K. Javitz Federal Building on June 20, 2025 in New York City. Federal agents are arresting immigrants during mandatory check-ins, as ICE ramps up enforcement following immigration court hearings. The Trump administration has ordered officials to increase detentions to 3,000 migrants per day. (Photo by Spencer Platt/Getty Images)
Federal agents patrol the halls of immigration court at the Jacob K Javitz Federal Building on June 20, 2025, in New York City (Spencer Platt/Getty Images)

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.'

NEW YORK, NEW YORK - APRIL 24: A protester holds a photo of Maryland man Kilmar Abrego Garcia as demonstrators gather to protest against the deportation of immigrants to El Salvador outside the Permanent Mission of El Salvador to the United Nations on April 24, 2025 in New York City. Many of the deportees now detained at El Salvador’s Terrorism Confinement Center (CECOT) were sent there without court hearings under the Alien Enemies Act after a deal was brokered by U.S. President Donald Trump and El Salvador’s President Nayib Bukele. A federal judge in Maryland recently ordered the return of a 20-year-old Venezuelan man who was deported, citing a prior ruling involving Maryland man Kilmar Abrego Garcia who was mistakenly deported to his native El Salvador. The Trump administration has stated the justification as gang affiliation and as part of a broader deportation strategy. (Photo by Michael M. Santiago/Getty Images)
A protester holds a photo of Maryland man Kilmar Abrego Garcia as demonstrators gather to protest against the deportation of immigrants to El Salvador outside the Permanent Mission of El Salvador to the United Nations on April 24, 2025, in New York City (Michael M Santiago/Getty Images)

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.'

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