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In a move that’s drawn national attention and scrutiny, Maryland Senator Chris Van Hollen traveled to El Salvador this week to push for the return of Kilmar Abrego Garcia, a legal U.S. resident who was mistakenly deported despite a federal court order barring his removal, NBC News reported.
“We are going to keep fighting to bring Abrego Garcia home until he returns to his family,” Van Hollen declared in a video recorded at a U.S. airport before his departure.
Van Hollen made the trip alone, although several other Democratic lawmakers had reportedly shown interest in joining. His office confirmed that he held meetings with both the U.S. embassy and a high-ranking Salvadoran official during the visit.
Defying Court Orders: The Deportation of Kilmar Abrego Garcia
The case of Kilmar Abrego Garcia has ignited a fierce political and legal debate. Despite a standing legal order — reaffirmed by the U.S. Supreme Court — requiring the Biden administration to facilitate Garcia’s return, little progress has been made.
During a recent Oval Office meeting with President Trump, Salvadoran President Nayib Bukele flatly rejected the request to return Garcia, reportedly calling it “preposterous.”
Senator Van Hollen has been sharply critical of both U.S. and Salvadoran officials over the handling of the case, framing the issue as a fundamental test of constitutional values.
“This is about due process. This is about rule of law,” Van Hollen said. “If we get rid of the rule of law and due process in the United States, it’s a short road from there to tyranny.”
White House Pushback Chris Van Hollen Visit
The White House, however, has pushed back strongly. Communications Director Steven Cheung accused Van Hollen of siding with “an illegal MS-13 gang member.”
But court records contradict this claim. Garcia has never been criminally charged. U.S. District Judge Paula Xinis dismissed the gang allegation, noting it was based only on Garcia wearing a Chicago Bulls hat and an unverified tip from an informant.
Despite the politically charged rhetoric, Van Hollen has emphasized that his actions are driven by a commitment to justice, not political partisanship.
Legal Questions Arise: Did Chris Van Hollen Violate the Logan Act?
The Senator’s trip has sparked speculation online over whether his actions could be a violation of the Logan Act, a centuries-old federal law that prohibits unauthorized diplomacy by private citizens with foreign governments in conflict with U.S. policy.
The act stipulates that any such conduct must carry “an intent to influence the conduct of a foreign government in relation to a dispute” with the U.S., or seek to “defeat a U.S. policy,” according to Julian Ku, a law professor at Hofstra University, speaking to Axios.
Violators of the Logan Act could face a fine or up to three years in prison.
The Logan Act, enacted in 1799, is a United States federal law that prohibits private citizens from engaging in unauthorized diplomatic negotiations with foreign governments, particularly when those negotiations involve disputes with the United States. The Act aims to prevent… https://t.co/TQDQZgiGQH
— MJ Woodward (@mj71522) April 16, 2025
A Law Seldom Enforced, With Constitutional Questions
Though it dates back to 1799, the Logan Act has rarely been enforced. A 2018 Congressional Research Service report noted that only two individuals have ever been prosecuted under the law — in 1803 and 1853 — and neither case resulted in a conviction.
Legal scholars have long questioned the act’s constitutionality, particularly whether it infringes on free speech protections.
