The controversy centers on a photo of Kilmar Abrego Garcia's tattoos that President Trump shared, which allegedly had the letters 'MS13' digitally added to his knuckles to imply gang affiliation. Experts and observers have cast doubt on the authenticity of the tattoos representing MS-13, suggesting the image was altered to mislead the public.

Secretary Kristi Noem did not confirm whether the photo was doctored when questioned. Instead, she focused on national security concerns and maintained that the Department of Homeland Security had followed due process as outlined by available resources, without directly addressing the authenticity of the image.

A federal appeals court criticized the Trump administration for unlawfully deporting Kilmar Abrego Garcia without due process, and the Supreme Court ordered the administration to facilitate his return to the United States. Despite this, the administration initially resisted complying with the order, citing state secrets.

The Trump administration, including White House spokesperson Kush Desai, maintains that Kilmar Abrego Garcia is an MS-13 gang member, citing investigations by ICE, local law enforcement, and Salvadoran authorities. President Trump has repeatedly defended the claim and pointed to the tattoo photo as evidence, despite contradictory images and expert doubts about the tattoo's authenticity.