Washington, DC., April 18, 2025 ——
Immigration is one of the most polarizing issues in American politics. The Trump administration’s aggressive stance on immigration enforcement and its policy of deportation without due process has resulted in numerous legal battles, public protests, and deepened divisions within the country.
The use of the Alien Enemies Act to deport people without due process stands as one of the most controversial aspects of the administration’s immigration enforcement policies. The law was intended as an emergency measure in times of declared war, giving the president wide authority to act swiftly against foreign nationals deemed to pose a threat to national security. It is important to note that although the US is engaged in five military interventions at the moment, it is not presently at war with anyone.
Moreover, the act had never been used on a large scale, especially not as an implement for mass deportations. Its application in the context of modern immigration law raises serious constitutional questions. One of the most troubling aspects of using the Alien Enemies Act for deportation was its potential to circumvent the due process protections that are usually afforded to immigrants under US law.
Typically, individuals facing deportation have the right to a hearing before an immigration judge, the opportunity to present a case, and access to legal counsel. Immigrants – including permanent residents, visa holders, and individuals living in the US under various legal statuses – could potentially be removed from the country without the basic legal rights afforded to them. The absence of due process protections, the potential for discrimination, and the undermining of fundamental rights all point to the dangers of unchecked Executive power.
Kilmar Abrego Garcia
The case of Kilmar Abrego Garcia is at the center of the administration’s unlawful practices and stands as a pivotal moment in the ongoing discourse surrounding civil liberties, deportation without due process, and the balance of power among the branches of the US government.
Abrego Garcia, a Salvadoran national who had been residing in Maryland with his American family, was “mistakenly” deported to El Salvador in March 2025. Despite a 2019 court order prohibiting his deportation due to threats from local gangs, the Trump administration proceeded with his removal, citing an “administrative error.” Upon arrival in El Salvador, the US government turned Abrego Garcia over to the Terrorism Confinement Center (CECOT), a notorious facility known for torture and other human rights abuses.
The US Supreme Court unanimously ruled that his deportation was illegal and ordered the administration to “facilitate” his return. Further, the Court ruled that while the administration could use the Alien Enemies Act, it had to ensure due process for every individual before deportation. It also ruled that the hundreds of individuals already deported to El Salvador had to be returned to the US for their due process. However, the administration’s refusal to comply with this order has sparked widespread concern among legal experts and civil and human rights advocates.
As Maryland District Court Judge Paula Xinis attempted to implement the Supreme Court’s unanimous decision to “facilitate” Abrego Garcia’s return to Maryland, the Trump administration once again appealed the case.
Fourth Circuit Court of Appeals Decision
Chief Judge J. Harvie Wilkinson III of the Fourth Circuit Court of Appeals criticized the administration’s actions, emphasizing that defying judicial orders undermines constitutional protections and the rule of law. This defiance raises alarms about the potential erosion of checks and balances, a cornerstone of American democracy.
In a seven-page opinion, Judge Wilkinson writes… “It is difficult in some cases to get to the very heart of the matter. But in this case, it is not hard at all. The government is asserting a right to stash away residents of this country in foreign prisons without the semblance of due process that is the foundation of our constitutional order. Further, it claims in essence that because it has rid itself of custody that there is nothing that can be done. This should be shocking not only to judges, but to the intuitive sense of liberty that Americans, far removed from courthouses, still hold dear.”
The Supreme Court has already established that due process is a right afforded to every person within the boundaries of the United States, regardless of citizenship or status. It is a right afforded to the innocent and the guilty. It has been disparagingly asserted by the White House that Abrego Garcia is a terrorist, a human trafficker, and every other libelous label it can muster.
Judge Wilkinson continued: “The government asserts that Abrego Garcia is a terrorist and a member of MS-13. Perhaps, but perhaps not. Regardless, he is still entitled to due process. Moreover, the government has conceded that Abrego Garcia was wrongly or “mistakenly” deported. Why then should it not make what was wrong, right?”
That is the point of due process. Due process gets to the truth. It is not for Donald Trump or his administration to circumvent a constitutional right and then claim national security or foreign policy to cover up its misdeeds. The Executive Branch is usurping its power to become judge, jury, and executioner. Somehow, we’ve gone from zero to Pinochet in 2.3 months.
Kilmar Abrego Garcia was a free person. He had no criminal record – not in the US or any other country. He is a law-abiding resident and is afforded all the rights and privileges granted under permanent residency. And yet, in the next breath, he was abducted, put on a plane, and delivered to a prison in another country. And although the US government admits that it was a mistake… it does not feel the immediate need to correct the mistake. That is unconscionable.
Executive Overreach
Judge Wilkinson continued: “The Supreme Court’s decision does not, however, allow the government to do essentially nothing. It requires the government to “facilitate” Abrego Garcia’s release from custody in El Salvador, and to ensure that his case is handled as it would have been had he not been improperly sent to El Salvador. “Facilitate” is an active verb. It requires that steps be taken, as the Supreme Court has made perfectly clear.
“If the Executive claims the right to deport without due process and in disregard of court orders, what assurance will there be tomorrow that it will not deport American citizens and then disclaim responsibility to bring them home? And what assurance shall there be that the Executive will not train its broad discretion powers upon its political enemies? The threat would always be present.
Today, both the United States and the El Salvadoran governments disclaim any authority and/or responsibility to return Abrego Garcia. We are told that neither government has the power to act. The result will be to leave matters generally and Abrego Garcia specifically in an interminable limbo without recourse to law of any sort….The Executive will lose much from a public perception of its lawlessness, and all of its attendant contagions. The Executive may succeed for a time in weakening the courts, but over time history will sign its epitaph.”
The Kilmar Abrego Garcia case transcends individual circumstances, highlighting critical issues related to due process, the separation of powers, and the protection of civil liberties in America. It serves as a stark reminder of the importance of upholding constitutional principles and the rule of law in safeguarding the freedoms that define the nation.
Photo Credit: Photo taken of Kilmar Abrego Garcia and Maryland Senator Chris Van Hollen. Photo taken by the El Salvadoran government during a visit to El Salvador to see Abrego Garcia. Posted by Nayib Bukele on X.
Lara Kajs is the founder and executive director of The Genocide Report, an NGO nonprofit organization in Washington, DC. She is the author of Assad’s Syria, and Stories from Yemen: A Diary from the Field, available in e-books, paperback, and hardcover at Amazon, Barnes and Noble, Apple Books, and independent booksellers worldwide. Distributed by Ingram Publishing. Ms. Kajs frequently speaks about atrocity crimes, forced displacement, state terrorism, and International Humanitarian Law (IHL). Follow and connect with Lara Kajs on Facebook, Instagram, X, LinkedIn, and Bluesky.