The case of Kilmar Abrego Garcia gets to the very essence of one of the bedrock principles of this country. That will sound like a stretch to some since Garcia is an El Salvadoran native who entered the country illegally 14 years ago.*
But the case has broad implications.
Garcia was among a group of individuals suspected of being members of the notorious MS-13 gang that were rounded up under the Alien Enemies Act and deported to a notorious Salvadoran prison without due process.
Even members of the Trump administration admit his arrest was based on a false accusation. The Acting Field Office Director for Enforcement and Removal Operations within the U.S. Department of Homeland Security said in a court filing that Garcia’s removal was an error, an administrative mistake.
There was only flimsy hearsay evidence that Garcia was a gang member, and the courts so far have concluded that he was illegally deported. U.S. District Judge Paula Xinis said the government had no legal authority to arrest him, no justification to detain him, and no grounds to send him to El Salvador—let alone deliver him into one of the most dangerous prisons in the Western Hemisphere.”
The case went to the U.S. Supreme Court, where the Justices said the executive branch is owed deference when it comes to foreign affairs, but that the Trump administration “should be prepared to share what it can concerning steps it has taken” for Garcia’s return.
But the Trump administration has dodged and stonewalled in court while Trump and Salvadoran President Nayib Ortez claim—falsely—that they are protecting the U.S. from a “terrorist.” Trump has also suggested that he’s open to sending U.S. citizens to the prison in El Salvador, which would violate the Constitution’s Eighth Amendment prohibiting “cruel and unusual” punishment.
These are actions associated with autocratic rule, the very absolute power that the Founders were so careful to avoid when they limited the authority of the government and created three separate but equal branches of government.
The rule of law is one of the backbones of our republic. It is rooted in the belief that, as John Adams said, our government should be one of laws and not men. “There is danger from all men. The only maxim of a free government ought to be to trust no man living with power to endanger the public liberty,” Adams said.
The rule of law helps ensure another fundamental tenet of our country—equality. We often fall short of the ideal, but it remains our North Star, a guiding light for us to navigate our path toward life, liberty and the pursuit of happiness.
When one among is denied due process and the rule of law, it is a threat to everyone. It is a crack in our foundation that, if left unattended, will expand and weaken our republic.
*(Garcia’s family sent him to the United States when he was about 16 to escape gang violence. His family moved several times in El Salvador to try to escape gang threats and demands for protection money. He entered the country illegally and made his way to Maryland. In 2019 he was arrested by ICE and removal proceedings were brought against him. A judge granted his request for “withholding of removal” based on his fear of persecution by Barrio 18 back in El Salvador. He continued to check in with immigration authorities, joined a union, got a job as a sheet metal apprentice and until his arrest he pursued a vocational license at the University of Maryland. He and his wife have three children.)