by Ariana Figueroa, Missouri Independent
May 2, 2025

WASHINGTON — Kilmar Abrego Garcia remains in prison in El Salvador after he was mistakenly deported more than a month ago, and Senate Democrats said Thursday they will file a privileged resolution that would require the State Department to report on human rights conditions in CECOT,  the brutal 40,000-capacity facility where Abrego Garcia was first incarcerated.

The resolution also would force the Trump administration to detail its steps to comply with court orders on the removal of Abrego Garcia and other immigrants from the United States.

The announcement of the resolution came after President Donald Trump, during an ABC News interview that aired Tuesday, acknowledged that if he wanted to, he could secure the return of Abrego Garcia from El Salvador.

However, Trump then refused to do so, alleging Abrego Garcia has gang ties. He pointed to an altered photograph of Abrego Garcia’s knuckles that showed them displaying the characters “MS-13.”

When ABC News journalist Terry Moran pointed out the photo was photoshopped, Trump argued that it wasn’t.

“Why don’t you just say, ‘Yes, he does,’” Trump said to Moran, referring to the MS-13 tattoo. Moran did not reply and moved to another topic.

The Department of Justice has claimed that Abrego Garcia is a leader in the MS-13 gang, but has not provided evidence in court of those connections. Abrego Garcia was granted deportation protections by an immigration judge in 2019 over concerns he would experience violence by gangs if returned to his home country of El Salvador.

The U.S. Supreme Court, an appeals court and a district court all have upheld that Abrego Garcia, a Maryland resident who the Trump administration admitted was mistakenly deported to a notorious prison, must be returned.

“Donald Trump should stop trampling on constitutional rights of people who reside in America, and the government of El Salvador should stop conspiring with the Trump administration to violate the constitutional rights of those who reside in America, including Abrego Garcia,” Maryland Democratic Sen. Chris Van Hollen said at a press conference on the Senate resolution.

The Supreme Court last month ruled that the Trump administration must “facilitate” the return of Abrego Garcia, but stopped short of requiring it and sent the case back to a federal judge to clarify how the return could be “effectuated.”

The case is now in closed proceedings before U.S. District Judge Paula Xinis in Maryland as discovery and depositions from officials interviewed under oath about Abrego Garcia’s case continue. Xinis on Wednesday denied the Trump administration’s request for another extension to provide information on Abrego Garcia.

$6 million payment 

The resolution, backed by Van Hollen, Senate Minority Leader Chuck Schumer and Virginia Sen. Tim Kaine, would require the State Department to issue a human rights report on El Salvador.

It also specifically asks for a report on the prison known as Centro de Confinamiento del Terrorismo, or CECOT, where Abrego Garcia was initially sent in March, along with nearly 300 other men deported from the U.S.

The State Department issued a 2023 report on human rights conditions in El Salvador, which noted that there were reports of “systemic abuse in the prison system, including beatings by guards and the use of electric shocks.”

If the resolution manages to pass in the Republican-controlled Senate and House, and the State Department doesn’t issue a human rights report within 30 days, then any foreign assistance to El Salvador would be canceled, Kaine said.

The Trump administration has stated that it’s paying El Salvador $6 million to detain the men at CECOT.

Van Hollen said of that funding, the Trump administration has paid El Salvador about $4 million so far to detain the men and plans to pay as much as $15 million.

Experts have raised concerns that the foreign assistance funds to El Salvador from the State Department violate the Leahy Law, which bars financial support of “units of foreign security forces” — which can include military and law enforcement staff in prisons —  facing credible allegations of gross human rights violations.

Van Hollen meeting in El Salvador

Van Hollen also pushed back on the Trump administration’s insistence that because Abrego Garcia is in El Salvador’s custody, he cannot be returned.

Van Hollen, who traveled to El Salvador last month seeking a meeting with Abrego Garcia, said during that trip he spoke with El Salvador Vice President Félix Augusto Antonio Ulloa. Van Hollen said Ulloa told him “the only reason the government of El Salvador is holding (Abrego Garcia) is because the Trump administration is paying (El Salvador) to do so.”

Van Hollen was initially denied a visit with Abrego Garcia. But he was eventually able to secure an in-person meeting under the close supervision of Salvadoran officials.

Abrego Garcia appeared with Van Hollen in civilian clothes — a stark difference from a video released by the Trump administration that showed Abrego Garcia in a prison uniform and being roughly handled by Salvadoran officials.

In response to the in-person meeting, the White House wrote on its official social media account that Abrego Garcia “is NOT coming back.”

Van Hollen said he has not had any update on the condition of Abrego Garcia since the visit to El Salvador.

Message for Bukele

During El Salvador President Nayib Bukele’s first-ever visit to the Oval Office in April, he declined to return Abrego Garcia. In that same meeting, Trump asked Bukele if he would take “homegrown” criminals, meaning U.S. citizens.

Kaine said that he had a message for the president of El Salvador if he accepts U.S. citizens for incarceration.

“You might think it’s cute right now to grab attention by a bromance with President Trump,” he said, adding in Spanish that any alliance with Trump will be short-lived, ending with the conclusion of his term in office. “If you think we’ll forget you violating the human rights of American citizens, you’re wrong,” said Kaine.

Van Hollen added that he, along with Kaine and Schumer, plan to introduce a bill to place sanctions against Bukele and “all those who are part of his government conspiring with Donald Trump to deprive residents of the United States of their constitutional rights.” 

Missouri Independent is part of States Newsroom, a nonprofit news network supported by grants and a coalition of donors as a 501c(3) public charity. Missouri Independent maintains editorial independence. Contact Editor Jason Hancock for questions: info@missouriindependent.com.

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Note: The following A.I. based commentary is not part of the original article, reproduced above, but is offered in the hopes that it will promote greater media literacy and critical thinking, by making any potential bias more visible to the reader –Staff Editor.

Political Bias Rating: Center-Left

The article presents a factual account of Senate Democrats’ efforts to require the State Department to report on human rights conditions in El Salvador, specifically focusing on the case of Kilmar Abrego Garcia. While the article largely reports on the actions and positions of the parties involved, the language and tone subtly convey a critical stance toward the Trump administration’s handling of the case. The mention of constitutional rights being “trampled” and the framing of Trump’s refusal to return Garcia as problematic suggests a slight leaning in favor of the Democratic perspective. However, it does not overtly advocate for any particular ideological stance, instead providing a detailed description of events, legal actions, and political responses. The content is primarily a report, but its choice of emphasis and language reflects a Center-Left perspective, highlighting criticisms of the Trump administration without explicitly endorsing a particular solution or policy.