Senator Chris Van Hollen’s unexpected trip to El Salvador to meet with deported migrant Kilmar Abrego Garcia is drawing fire from critics who argue the Maryland Democrat may have violated the centuries-old Logan Act, a law prohibiting unauthorized diplomacy.
The Logan Act, enacted in 1799, bars U.S. citizens from engaging in negotiations with foreign governments that could undermine official U.S. policy. Violators can face fines or imprisonment for attempting to influence foreign officials “in relation to any disputes or controversies with the United States.”
Van Hollen traveled to El Salvador last week and met with Abrego Garcia, who was deported under a Trump administration directive and is now imprisoned in one of the country’s notorious mega-prisons. Van Hollen has strongly criticized the deportation and the legal basis for Garcia’s removal, arguing it violates due process.
But the senator’s critics see it differently.
“Why hasn’t this U.S. senator been arrested for violation of the Logan Act? It’s illegal to conduct your own foreign policy,” tweeted longtime GOP strategist Roger Stone.
Conservative radio host Vince Coglianese echoed the sentiment, asking whether Van Hollen’s actions meet the criteria laid out in the Logan Act — the same statute once floated against former Trump National Security Advisor Michael Flynn.
Flynn was accused of engaging in unauthorized talks with Russian Ambassador Sergei Kislyak prior to Trump’s inauguration in 2017. That controversy triggered an FBI investigation and ultimately led to Flynn’s resignation, though no one was charged under the Logan Act.
Now, the American Accountability Foundation (AAF) is calling for an investigation into Van Hollen’s conduct. In a letter to the Senate Ethics Committee, the group’s president Thomas Jones said the senator’s outreach to Salvadoran officials over Garcia — whom Jones described as “an enemy combatant” tied to transnational gangs — warrants scrutiny.
Senate Ethics Chair James Lankford (R-Okla.) has yet to comment on the request.
Legal experts, however, remain skeptical that any Logan Act prosecution would succeed. Fox News contributor Byron York noted the law has never led to a successful conviction and is considered a “dead letter” in modern courts. But politically, York added, the optics matter: “It’s useful to know that Sen. Van Hollen traveled to a foreign country to bash the President of the United States.”
The Logan Act has a long and controversial history. It was last invoked rhetorically in 2020, when critics accused Sen. Chris Murphy (D-Conn.) and former Secretary of State John Kerry of violating it during talks with Iranian officials. Murphy defended himself, saying, “It’s literally my job to meet with foreign leaders,” citing his role on the Senate Foreign Relations Committee.
Despite its age and infrequent application, the Logan Act remains a legal and political weapon — one that continues to surface whenever lawmakers cross perceived diplomatic lines.
So far, no one has ever been successfully prosecuted under the act — not even George Logan, the Pennsylvania senator for whom it is named.