Controversy Surrounds undocumented Immigrant’s TikTok While Under Gag Order

Tricia McLaughlin, an Assistant Secretary at the Department of Homeland Security, has criticized Kilmer Abrego Garcia, an undocumented immigrant released from custody by a judge, for creating TikTok content while the DHS was under a gag order. She expressed her concerns through a post on X, where she mentioned that the U.S. judicial system falters when law enforcement is silenced and those who oppose it are amplified.

In her post, McLaughlin reacted to a video shared by conservative activist Benny Johnson, which featured Abrego Garcia singing a Spanish song. “So we @DHSgov are under a gag order by an activist judge, and Kilmer Abrego Garcia is making TikTok,” she stated. “America’s judiciary fails when its arbitrators silence law enforcement and give a megaphone to those who oppose our legal system.”

On December 11, a judge named Paula Kisinis, who was appointed by former President Barack Obama, ordered the release of Abrego Garcia from U.S. Immigration and Customs Enforcement (ICE) custody, stipulating that notice of his release must be communicated to his attorney and the court.

The defendant shall inform Abrego-Garcia’s lawyer at least four hours before the release of the specific time and place, and the court should be notified by email regarding Abrego-Garcia’s release status by 5:00 p.m. on Thursday, December 11, 2025.

Supporters, including Democratic lawmakers and some media outlets, have advocated for Abrego-Garcia, labeling him a “Marylander” following his arrest and deportation to El Salvador earlier this year.

Earlier, White House press secretary Caroline Leavitt asserted that there was credible information linking Abrego-Garcia to human trafficking and his involvement with the MS-13 gang, which is described as brutal and violent. Leavitt emphasized that Abrego-Garcia had been deported and would not return.

Leavitt stated, “The administration maintains the position that this individual, who was deported to El Salvador, was a member of the brutal and violent MS-13 gang. That is the first fact. Fact number two, we also have credible information proving that this individual was involved in human trafficking. Fact number three, this individual was a member, in fact, a leader, of the brutal MS-13 gang, which this president has designated as a foreign terrorist organization.”

Additionally, Abrego Garcia faces accusations related to domestic violence against his wife, as well as claims regarding his involvement in human trafficking.