Dan Goldman and Kristi Noem Clash Over Due Process for Kilmar Abrego Garcia

Clash Over Judicial Authority

• 🏛️ Rep. Dan Goldman questioned DHS Secretary Kristi Noem on which branch of government has the authority to interpret the law, establishing it as the judiciary.
• ⚖️ Goldman asserted that the Supreme Court ruled 9-0 that Kilmar Abrego Garcia was not afforded due process, contrary to Noem's statements.

Due Process and MS-13 Allegations

• ⚠️ Goldman argued that the executive branch, not the judiciary, cannot unilaterally determine if Abrego Garcia is an MS-13 member, which would mandate deportation.
• 🧑‍⚖️ He cited a conservative Fourth Circuit judge who stated that regardless of MS-13 membership, Abrego Garcia is entitled to due process.

Commitment to Court Orders

• 📜 Goldman pressed Noem to commit to providing Abrego Garcia the due process required by the Supreme Court and Judge Wilkinson.
• 🚫 Noem stated that Abrego Garcia is in El Salvador and would be immediately removed if he returned, implying he has been treated appropriately.
• 🗣️ Goldman accused Noem of filibustering and failing to follow the court order, emphasizing his fight is for due process under the Constitution.

Steps Taken for Due Process

• ❓ Goldman demanded to know what specific steps the DHS has taken to facilitate Abrego Garcia's return and ensure he receives due process, as required by the court's active verb.
• 🇺🇸 Noem stated Abrego Garcia is in his home country, and if he returned, he would be immediately removed again.