Senate Democrats are continuing to push for Kilmar Abrego Garcia’s release and return to the U.S., downplaying newly revealed Department of Homeland Security (DHS) documents that allege he abused his wife on several occasions.
Abrego Garcia, a Salvadoran national who entered the country illegally in 2012, has become a central figure in the political and legal fight over President Donald Trump’s immigration policies. Trump’s team claims he’s connected to the MS-13 gang and has a history of domestic violence — though he has never been criminally charged.
His wrongful deportation to a notorious detention facility in El Salvador, despite a court order blocking the move, has sparked outrage among Democrats and immigration advocates. The case escalated further after DHS disclosed a second abuse allegation from his wife.
In a 2020 sworn statement, his wife, Jennifer Vasquez Sura, accused him of kicking, slapping, and threatening to kill her. Earlier, DHS revealed that she also sought a restraining order in 2021, alleging he punched, scratched her, and tore off her shirt during a separate altercation.
Abrego Garcia was never charged, and despite those claims, his wife now defends him, calling him a devoted father and denying any links to MS-13. She has actively urged the Trump administration to facilitate his return.
Senate Minority Leader Chuck Schumer (D-NY) emphasized that no criminal charges have been filed and questioned the reliability of the information associated with the protective order.
“We have to learn all the facts. There’s a dispute about why that protective order was filed in terms of all the issues. But look, they have not pointed out any evidence that he has broken the law and he should be released,” Schumer said, speaking to reporters on Thursday.
“If they have evidence, present it, do it in the court, let them do it the way we do it in America, not just drag someone off the streets, he should be released,” he added.
Abrego Garcia’s legal battle remains unresolved. Despite a unanimous Supreme Court ruling mandating the U.S. government to facilitate his return from El Salvador, the Trump administration has resisted compliance, citing executive authority over foreign affairs. Federal Judge Paula Xinis said in an order that the government must provide by Monday all outstanding information about its attempts to return him.
The White House appears ready to reshape the public narrative, leaning on Vasquez Sura’s past statements to argue that Abrego Garcia poses a serious threat.
Stephen Miller, White House Deputy chief of staff, blasted the media for portraying him as a victim.
“There’s been more evidence that has been made public of this person’s violent repeated threats and assaults against his spouse, someone who had repeated documented human trafficking and human smuggling offenses, somebody that has extensively documented membership in MS 13, a terrorist organization,” Miller said, admonishing reporters in the briefing room on Thursday.
“This is a person that was a clear and present danger to the safety of the American people. And it is a sad reflection on the state of our media and many of the outlets represented in this room that you obsessively try to shill for this MS-13 terrorist,” he added.
.@SenSchumer @ChrisVanHollen and @SenTimKaine introduced legislation to require the Trump Administration to produce a report showing steps they are taking to ensure compliance with court orders applicable to citizens or residents wrongfully deported by the U.S. to El Salvador. pic.twitter.com/v2wizMLLPm
— Samantha-Jo Roth (@SamanthaJoRoth) May 1, 2025
Sen. Chris Van Hollen (D-MD), who traveled to El Salvador to meet with Abrego Garcia earlier this month, defended the broader principle at stake.
“I have repeatedly said that we’re not vouching for Kilmar Abrego Garcia. We are vouching for his constitutional rights, because if you trample over his constitutional rights, you threaten them for everyone and everybody who resides in America,” Van Hollen said in response to a question from the Washington Examiner.
Sen. Tim Kaine (D-VA) argued that the president’s refusal to comply with a high court ruling in a deportation case signals a dangerous disregard for the rule of law and poses a serious test for the judiciary’s authority.
“The case that we’re making is based upon a Supreme Court decision ordering President Trump to return a wrongfully deported person to the United States. And the president thus far, is flouting a Supreme Court order, which verges on a constitutional crisis,” Kaine said.
“We are fighting to end lawlessness, and the lawlessness of this administration, in this case, is to ignore a final ruling of the Supreme Court,” he added.
Earlier this week, House Minority Leader Hakeem Jeffries (D-NY) pushed back on reports that he instructed fellow Democrats to halt visits to El Salvador, where members have been meeting with individuals they argue were unjustly deported without due process.
Four House Democrats and Van Hollen traveled to El Salvador to meet with Abrego Garcia earlier this month, though such visits have since tapered off. Sen. Cory Booker (D-NJ), who had considered joining, declined to say this week whether he still plans to go.
JUDGE RESUMES ABREGO GARCIA DEPORTATION CASE AFTER WEEKLONG HIATUS
Schumer said he backed Sen. Van Hollen’s approach, saying the real issue isn’t just Abrego Garcia’s case but the broader fight to uphold the rule of law — something he believes ordinary Americans, not just legal scholars, are increasingly recognizing and resisting when they see it under threat.
“I respected what Chris Van Hollen did, and what Chris has highlighted is not the specifics of the case, but rule of law,” Schumer said. “Public sentiment is everything, and just as it’s turning in our direction on economics and on tariffs and on reconciliation. It’s turning in our direction in this area, too.”