Rep. Henry Cuellar is pushing back against his own party over its stance on immigration, criticizing fellow Democrats for defending an illegal immigrant the Trump administration says is a violent MS-13 gang member. 

“This is not the right issue to talk about due process. This is not the right case. This is not the right person to be saying that we need to bring him back to the United States,” Cuellar, D-Texas, told “The Brian Kilmeade Show” on Fox News Radio. 

Cuellar was referring to Kilmar Abrego Garcia, a 29-year-old illegal immigrant deported in March to a prison in El Salvador. The Trump administration alleges that Abrego Garcia is affiliated with the violent MS-13 gang and publicized court documents for a protective order from his wife. Some Democrats argue that he was denied due process and are demanding his return. 

Jennifer Vasquez Sura, Abrego Garcia’s wife, said in a recent statement that she had been acting out of caution by seeking a protective order. 

“After surviving domestic violence in a previous relationship, I acted out of caution following a disagreement with Kilmar by seeking a civil protective order, in case things escalated,” she said in part. “Things did not escalate, and I decided not to follow through with the civil court process. We were able to work through the situation privately as a family, including by going to counseling.”

Cuellar said making Abrego Garcia the face of immigration advocacy damages the party’s credibility with voters. 

DEMS FUME OVER ‘DUE PROCESS’ FOR ABREGO GARCIA DESPITE LONG HISTORY OF PARTY BUCKING THE LEGAL PRINCIPLE

“Democrats should not take this issue,” Cuellar said. “When you look at immigration, is this the immigration case you want to take to fight on? In my opinion, absolutely no.” 

Democratic lawmakers are challenging the administration’s deportation policies, including flights sending suspected criminal illegal migrants back to Central America. Several lawmakers have traveled to El Salvador to advocate for Abrego Garcia’s release and requested daily proof of life for him.  

HOUSE DEMS DEMAND ‘PROOF OF LIFE’ OF ABREGO GARCIA AFTER BEING DENIED MEETING IN EL SALVADOR

Abrego Garcia crossed the U.S. border illegally, but later attempted to obtain protected legal status while living in Maryland. 

His 2025 deportation was described in court as an administrative error. However, some Trump officials say the removal was justified, citing his alleged gang ties. 

Cuellar, whose South Texas district includes a substantial Latino population, said he hears growing frustration from constituents about what they see as an inconsistent and unfair immigration system. 

“People were saying, ‘Our parents came in the legal way. They came in, became legal residents,’ and, ‘They came in and did it the right way.’ But when you see people jumping in, not knowing who they are,” he said. “That’s something wrong.” 

Cuellar also expressed support for certain Trump-era border policies, particularly regarding security and enforcement. He dismissed previous Democratic claims that the border was secure. 

“It was laughable when they would say that the border was secured,” he said. “Why are we going to let people in when you have no idea who these people are, and then let them roam the streets of the United States while you wait four or five years for an immigration court hearing? That was wrong, absolutely wrong.” 

While Cuellar said he wouldn’t judge fellow Democrats for their choices, he questioned the party’s broader strategy on immigration and noted that some of the Trump administration’s policies were having an impact.

“The president has gotten Mexico to engage a lot more, if he can get them to play defense on their under 20-yard line instead of our 1-yard line called the U.S. border, then the better it is,” he said. 

Meanwhile, the Trump administration continues to face legal challenges over its immigration agenda. The Supreme Court is set to hear a case in May involving federal judges who blocked an executive order aimed at ending birthright citizenship for children of illegal immigrants.