An Administrative Error, or an Attack on Democracy?

On March 15, 2025, a man from Maryland with origins from El Salvador was deported and accused of having ties with gangs. Kilmar Armando Abrego Garcia was not given due process prior to his deportation which brings up questions about the constitutionality of rejecting people of their constitutional rights.

Kerkrome Dia, Staff Writer

On March 15, 2025, Kilmar Armando Abrego Garcia, a man from El Salvador living in Maryland, was accused of having ties with gangs and was sent back to El Salvador without due process. Even though Trump Administration officers had initially told the Supreme Court that Abrego Garcia had been sent to El Salvador by an “administrative error,” they are now insisting that it was lawful and appropriate. The Supreme Court ruled on March 10, 2025 that Albrego Garcia’s deportation was unlawful. Since then, El Salvador’s president, Nayib Bukele said he would not return Albrego Garcia, but he was transferred from the Terroism Confinement Center in Salvator to Centro Industrial in Santa Ana, El Salvador, a detention facility. Federal judges have also paused any updates on the El Salvador situation on April 23.

U.S. Senator Chris Van Hollen meeting with Kilmar Abrego Garcia in San Salvador, El Salvador. CC BY 4.0 (Provided by Sen. Van Hollen’s Office )

The Big Picture
Even though Albrego Garcia may have entered the U.S. illegally in 2012, he has never been charged or convicted of being a gang member, the fact of the matter is that he was denied due process and is protected by a status known as “withholding of removal.” Due process is a part of our 5th and 14th amendment and ensures that an individual be treated fairly by the government, usually through forms of legal review. “Withholding of removal” was the status Albrego Garcia was granted after he was arrested back in 2019 and an immigration judge ruled that Albrego Garcia could not be deported back to El Salvador because of the potential persecution from gangs. The status protects Albrego Garcia from being deported because his or his family’s life is threatened back in their home country. Essentially, Albrego Garcia was denied due process, immediately deported to El Salvador, despite having court-ordered protection from deportations.

Some politicians believe that enemies or immigrants don’t have the same degree of due process as others. However, our Constitution guarantees due process rights to all individuals, even if they aren’t citizens. If Albrego Garcia can be deported without due process, that means anybody else can. Loopholes that ignore due process during certain circumstances are currently being challenged in court as constitutionally or unconstitutionally.