According to the Trump administration, Supreme Court decisions hold no power—at least when President Donald Trump doesn’t like them.
Testifying before Congress on Wednesday, Homeland Security Secretary Kristi Noem argued that the Trump administration does not have to return Kilmar Abrego Garcia, the Maryland resident who was wrongly deported to El Salvador—even though the Supreme Court ruled 9-0 that it does.
Noem’s assertion came during questioning from Democratic Rep. Daniel Goldman of New York at a House Homeland Security Committee hearing.
Goldman asked Noem what steps the Trump administration has taken to comply with the court.
“Abrego Garcia is in his home country,” Noem replied.
As Goldman continued to restate his question, Noem accused him of engaging in “advocacy” for the Maryland father.
“I’m advocating for a court order,” Goldman angrily responded, noting that the order instructed the Trump administration to follow the law.
“It’s got to be extremely discouraging to be one of your constituents, to see you fight for a terrorist like this,” Noem replied, reiterating the Trump administration’s attempt to deflect from its lawbreaking.
“I’m fighting for due process, and that’s under the Constitution. And you should fight, too, for due process,” Goldman concluded.
At another point in the hearing, Noem was asked to address Trump’s assertions, based on a doctored image, that Abrego Garcia was a member of the MS-13 gang. The allegation, which is based on hearsay and has not been the subject of a court hearing, is one of the claims the Trump team continues to cling to.
Similarly, Democratic Rep. Eric Swalwell of California repeatedly tried to get Noem to acknowledge that the photo was a fake, but she refused to look at the document, even when he had an aide bring it to her at the witness table.
Noem’s reality-averse testimony came just a day after she appeared on Fox News to argue that Democrats may face criminal charges for visiting an ICE facility to conduct routine oversight. Meanwhile, Noem has been widely derided for spending time, money, and resources cosplaying as an active member of law enforcement.
While the Trump administration clearly thinks that the president is above the law, the public doesn’t agree. Trump has seen his support on immigration fall, and in recent polls, respondents have said that Abrego Garcia should be returned to Maryland. The pivot came after Democratic officials visited El Salvador to check on his condition, publicly advocating for his return.
Noem’s testimony makes it clear that Trump believes he is a dictator who doesn’t answer to anyone, not even a coequal branch of government.
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