Tricia McLaughlin, the Assistant Secretary of the Department of Homeland Security (DHS), publicly criticized Kilmar Abrego Garcia for creating TikTok videos while the DHS is under a gag order imposed by a judge. Abrego Garcia, a Salvadoran national, was mistakenly deported from the United States by Immigration and Customs Enforcement (ICE) despite being legally protected from deportation by a 2019 court ruling. He has lived in Maryland with his U.S. citizen wife and child for several years.

Abrego Garcia's case has been contentious, involving multiple federal court rulings. The U.S. Supreme Court determined that his deportation was illegal, and subsequent rulings mandated his release from custody and return to Maryland. He has been accused of being affiliated with the MS-13 gang, which has been designated as a foreign terrorist organization by the Trump administration, although he has no criminal record in the U.S.

Despite two judges concluding that he was a member of MS-13, Abrego Garcia argued that he would face threats from rival gangs if returned to El Salvador. His attorneys have raised concerns that public statements from officials, including Attorney General Pam Bondi and Homeland Security Secretary Kristi Noem, could compromise his right to a fair trial, leading to the imposition of the gag order on DHS employees regarding the case.

In a recent social media post, McLaughlin shared a TikTok video of Abrego Garcia lip-syncing to the song "Himno de Victoria" by Danny Berrios, which has garnered millions of views. The video’s popularity contrasts with the serious legal challenges he faces, including pending asylum applications and criminal charges related to human smuggling in Tennessee. A federal judge has recently canceled his trial and scheduled a hearing to assess whether the prosecution's actions are vindictive, which could potentially lead to the dismissal of charges against him. The judge's decision follows an order barring immigration authorities from detaining Abrego Garcia, highlighting ongoing legal complexities in his case.