Democrat Senator Chris Van Hollen’s trip to El Salvador has ignited a firestorm of controversy, with Republicans accusing him of violating federal law.
The Daily Mail reported that Senator Van Hollen traveled on Wednesday to advocate for Kilmar Abrego Garcia, a deported illegal immigrant suspected of being an MS-13 member who is now held in a Salvadoran prison. His actions have drawn sharp criticism from conservatives who argue he overstepped his authority.
The senator’s meeting with Garcia, marked by a controversial photo showing them with drinks, prompted accusations of breaching the Logan Act. This obscure law prohibits unauthorized U.S. citizens from engaging in foreign policy to influence foreign governments.
The Logan Act, named after former Senator George Logan, carries potential penalties of fines or imprisonment but has never led to a successful prosecution in its 200-year history.
Legal scholar Daniel B. Rice calls it a “dead letter” and an “eighteenth-century relic.” Despite its dormancy, Republicans, including Roger Stone, have called for Van Hollen’s arrest upon his return.
A photo posted by Salvadoran President Nayib Bukele showed Van Hollen and Garcia with drinks resembling margaritas, captioned as Garcia “sipping margaritas” in a “tropical paradise.” Van Hollen insisted the drinks were a “set-up” by Bukele’s officials, placed on the table with salt or sugar rims to deceive viewers. He claimed neither he nor Garcia touched them, citing the untouched rims as proof.
“Nobody drank any margaritas or sugar water,” Van Hollen said at a Friday press conference at Dulles International Airport. He accused Bukele and the Trump administration of using the photo to mislead the public about Garcia’s detention conditions. The senator faced criticism from both parties for the optics of the image.
Garcia, a Maryland resident since 2011, lives with his U.S. citizen wife, Jennifer Vasquez Sura, and their children. Deported to a high-security Salvadoran prison, he faces allegations of MS-13 membership, which his wife and lawyer vehemently deny. The White House initially admitted the deportation was a mistake, but now supports the Trump administration’s stance.
In 2019, an immigration judge granted Garcia protection from deportation, citing risks of persecution in El Salvador. The Supreme Court later ordered the Trump administration to facilitate Garcia’s return to the U.S. However, the administration claims it lacks jurisdiction, as Garcia is now under Salvadoran President Nayib Bukele’s control.
On Thursday, the 4th U.S. Circuit Court of Appeals refused to suspend a judge’s order demanding sworn testimony from Trump officials to ensure compliance with the court’s directive.
Judge J. Harvie Wilkinson III criticized the government’s actions, stating they assert a right to “stash away residents” without due process. He expressed hope that the Executive Branch values the rule of law.
“It is not hard at all,” Wilkinson said, emphasizing the clarity of the case’s legal issues. Garcia’s family and legal team continue to sue the Trump administration, arguing his deportation was improper. The administration’s refusal to act has heightened tensions in the case.
Roger Stone, a Republican political adviser, demanded Van Hollen’s prosecution, stating, “Pursuing your foreign policy is a violation of the Logan Act.” The conservative American Accountability Foundation also requested a Senate investigation into the senator’s actions. These calls echo past Republican accusations against Democrats like John Kerry and Christopher Murphy for alleged Logan Act violations.
Senator Murphy defended such engagements, saying, “It’s my job to meet with foreign leaders.” The Logan Act’s rare enforcement and vague scope have made it a political weapon rather than a legal tool. Past instances, like threats against Donald Trump in 2016 and 2020, highlight its selective invocation.
The Trump administration’s partnership with El Salvador includes millions in payments to detain deported migrants in maximum-security prisons. On Monday, Trump and Bukele met in the Oval Office, defending Garcia’s deportation. Trump even encouraged Bukele to build more prison complexes for deported individuals.
Bukele dismissed demands to return Garcia, calling the idea “preposterous” and questioning how he could “smuggle a terrorist” into the U.S. “How can I return him to the United States?” Bukele asked, asserting his government’s authority over Garcia. The Salvadoran leader’s defiance complicates efforts to resolve the case.
Van Hollen’s trip has spotlighted the broader issue of U.S. deportation policies under the Trump administration. Critics argue the administration’s hardline stance disregards court rulings and due process. Supporters, however, see it as a necessary measure to combat gang activity and secure borders.