Kilmar Armando Abrego Garcia, a citizen of El Salvador, faced an unjust and illegal deportation from the United States on March 15, 2025. This action was dismissively labeled as “an administrative error” by the Trump administration. Shockingly, upon his return to El Salvador, he was imprisoned in the maximum security Terrorism Confinement Center (CECOT) without trial or any criminal charges in either country.
The administration’s defense of this deportation rested on unsubstantiated claims that he was affiliated with MS-13—a designation based solely on a contested bail determination from a 2019 immigration court proceeding. But, on April 10, 2025, the United States Supreme Court unanimously declared Abrego Garcia’s removal illegal and firmly rejected the administration’s feeble justification that it lacked jurisdiction over El Salvador to facilitate his return.
So, why should undocumented criminals have due process?
For starters, Garcia was in the U.S. legally and apparently had no criminal record, but he didn’t get the opportunity to prove those things because he wasn’t granted due process.
Is he a member of MS-13? We don’t know. Let’s have a trial to find out. Is the government trying to hide something by skipping a trial?
Should the assertions made by the Trump Administration regarding his character prove accurate, a substantial majority of Americans would likely support his incarceration in an El Salvadorian prison. Simply present the burden of proof, and the critics will move on.
Everyone is entitled to due process, a fundamental principle of justice. Consider the case of Tim McVeigh, the American terrorist responsible for the tragic loss of over 160 lives in the Oklahoma City bombing in 1995; even he was afforded due process. Similarly, after World War II, individuals suspected of significant involvement in the Holocaust—a horrific event that led to the deaths of six million Jews—were given trials. These examples underscore that due process is essential for ensuring fairness and accountability, regardless of the severity of accusations or crimes involved.
Even individuals accused of the most serious crimes are granted the right to a trial, and this is crucial for maintaining justice. Upholding the principle of proof over mere allegations ensures that decisions are based on FACTS rather than random, subjective claims.
If authorities can detain you and send you abroad without letting you present documents proving your status, then that status becomes meaningless. Denying due process to one person sets a precedent for denying it to others through the same means.
Therefore, it’s crucial to understand that without due process, even a law-abiding American citizen could face deportation to a foreign jail simply because of mistaken identity or personal bias from someone within ICE or the U.S. government. Imagine being an innocent American with no means to prove your citizenship—this is precisely why due process is essential. It serves as the safeguard ensuring that every individual has the opportunity to defend their rights and confirm their identity and innocence of any crimes they are accused of.
Consider this: without due process, what is there to prevent you, your family members, or your friends from facing wrongful deportation or unjust imprisonment?
Answer: Absolutely nothing.
The absence of due process creates a troubling scenario where anyone can be targeted for deportation or imprisonment, irrespective of their immigration status or whether they have a clean criminal record. This approach raises serious concerns about fairness and justice in the system.
Welcome to Nazi Germany!
Ensuring everyone’s right to due process is essential for justice and truth in our society.