Due Process is a fundamental right of all people in America.
“Whatever disagreement there may be as to the scope of the phrase ‘due process of law’ there can be no doubt that it embraces the fundamental conception of a fair trial, with opportunity to be heard.” – Oliver Wendell Holmes, Jr., Supreme Court Justice, 1902-1932
The case of Kilmar Armando Abrego Garcia, a man living legally in Maryland, who was deported to El Salvador has received a lot of attention in recent days, especially as the case has risen to the Supreme Court. The administration has admitted he was deported based on an error, but continued to assert he was a gang member and should not be brought back to the United States. However, they have presented no public evidence of their claims and he has been charged of no crime. Due Process is a fundamental right of all people in America.
As the Supreme Court has weighed in and reasserted the right of due process for anyone living in America and asked the government to “facilitate and effectuate” his return, I want to look at some of the other situations where due process is at risk.
A man in Virginia has been detained and accused of being one of the top members of the MS-13 gang on the east coast. Attorney General Pam Bondi has stated he is responsible for “all the very violent crimes” the gang has committed. Despite claiming he is responsible for all of these terrible crimes, the Department of Justice has chosen to drop all charges stating simply, “he will not be in this country much longer” and “as a terrorist, he will now face the removal process”. This man deserves a chance to face the evidence against him and present his side of the case. Due process is a fundamental right of all people in America.
A student at Tufts and another at Columbia have headlined crackdowns on student immigrants by ICE under the Trump Administration but they represent a much larger population being threatened. Along with these two students, Marco Rubio stated 300 visas had been revoked about two weeks ago, saying “We do it every time I find one of these lunatics”. Now, the U.S. is scanning the social media of immigrants to determine if they are “terrorist sympathizers”. It appears the state department is preparing to revoke visas if they determine, without judicial review, that someone’s social media deviates from what it considers acceptable. In addition to free speech concerns, due process is a fundamental right of all people in America.
Of the groups of migrants who have been deported, it has been widely reported that many did not have criminal records. ICE officials have claimed that the only reason for this is a short amount of time spent in the United States and asserted they were all gang members. Despite this assertion, the identities of many immigrants detained and deported have not been disclosed by the Trump Administration. Due process is a fundamental right of all people in America.
In a recent Supreme Court ruling on the case of Abrego Garcia, the court commented on the standing of a habeas corpus filing, stating that it was to be filed in the jurisdiction where the individual was being held. In many of the cases of incarceration so far this year, the person was detained and immediately transferred to another state without telling lawyers or family where they were. This makes it much more difficult for anyone to provide a proper defense of the inmate prior to their deportation. Due process is a fundamental right of all people in America.
Donald Trump has suggested the possibility of sending American citizens to maximum security prisons in El Salvador stating he “loves the idea”. While he adds the caveat, “if it’s legal”, the administration has also suggested that judicial rulings they don’t agree with aren’t binding.
The people being accused, imprisoned, and/or deported could be dangerous criminals. They could be completely innocent. Without a legitimate process to determine the veracity of the government’s case against them we cannot determine if they are being fairly punished or unduly persecuted.
This administration is normalizing the erosion of due process in America. If they are able to redefine activities and speech as contrary to the policy interests of the United States as they see fit – as they have already done with attacks on Tesla as well as critical comments towards Israel – they have extreme power to curtail due process and imprison people at will.
I welcome civil, bipartisan discussion on this post.
Thank you.
Sources:
24A931 Trump v. J. G. G. (04/07/2025)
Trump on possibility of sending American inmates to El Salvador prison: ‘I love that’
DOJ seeks to drop charges against man it said was “East Coast leader” of MS-13 gang – CBS News
Rubio says State Department has revoked at least 300 student visas
U.S. students face deportation after speaking out about Gaza : NPR
Marco Rubio says US revoked at least 300 foreign students’ visas
U.S. to monitor immigrants’ social media for antisemitism : NPR
‘Many’ alleged gang members deported by Trump didn’t have criminal records in the US: ICE – ABC News
Trump on sending American prisoners to El Salvador: ‘I love that’
Why ICE is really moving detainees hundreds of miles from where they were arrested | CNN
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