This April has continued with the controversial actions of the Trump administration. On March 15th, when Judge James Boasburg blocked the Trump administration from sending the deportees, the administration proceeded to land the plane in El Salvador. The prisoners were transported to the mega prison, CECOT—Centro de Confinamiento del Terrorismo. One of these prisoners, Kilmar Abrego Garcia, was sent back to El Salvador despite being protected by a 2019 court order. The Trump administration later stated it was an “administrative error,” but they would not be bringing him back to the United States.
After ICE admitted to this error, U.S. District Judge Paula Xinis granted an injunction, which required the government to “facilitate and effectuate” Garcia’s return by April 7th to the United States.
This case went to the Supreme Court on April 7th, when the Trump administration filed a last-minute appeal. The court’s decision was unanimous, that the government, following the principle of due process with deportation, must “facilitate” Garcia’s release from El Salvadorian custody. Yet the court was very careful with the word “effectuate”. The word — “put into force or operation” — could be interpreted as ordering the executive branch to carry out a specific action regarding foreign policy. SCOTUS recommended that the lower court clarify its language so as not to appear to be overstepping the bounds of judicial power in handling matters of foreign policy.
This clear, yet ambiguous ruling by the highest court in the nation allowed the Trump administration interpreting it as a ruling in their favor.
In a meeting with the president of El Salvador, Nayib Bukele on April 14th in the Oval Office, Donald Trump and other members of the administration doubled down that the court ruled in their favor and that they are not required to return Garcia to the country because they do not have the power, with Attorney General Pam Bondi saying “it is up to El Salvador”.
Bondi further went on to say in a White House press conference, “He is not coming back to our country. President Bukele said he was not sending him back. That’s the end of the story.”
Despite a member of ICE saying his deportation was an administrative mistake, the administration continues to cite that Garcia is a member of the MS-13 gang, which multiple sources, including his wife, have disputed and for which the administration has not been able to provide sufficient evidence.
In addition, lawyers for Garcia said the government “has never produced an iota of evidence”.
The real issue here, however, isn’t necessarily whether he is an MS-13 member or not. It is the lack of due process that the administration has given Garcia and to the other deportees they have sent to CECOT.
The Fifth Amendment due process states “nor shall [any person] be compelled in any criminal case to be a witness against himself, nor be deprived of life, liberty, or property, without due process of law.”
It does not say “citizen”, it says “person”. This means that anyone—even an MS-13, Barrio 18 or any kind of undocumented immigrant—deserves the proper trial and proper justification for their deportation.
The Trump administration justified the lack of due process because before deporting these people Trump invoked the Alien Enemy Act of 1798. This act allows the President to apprehend and deport any people above 14 years old non-citizens from a nation with which the US is at war.
The United States is not at war with any of the countries of the deportees. Therefore, despite Trump claiming that illegal immigration into the US is an “invasion”, he doesn’t have the right to simply deport these people without going through the correct process.
This blatant disregard for the constitution, the courts, and for making comments that he has made about sending US citizens to the El Salvador prisons, has raised serious concerns about a constitutional crisis—a term not used lightly.
Ignoring decision from the courts, which at this point the administration has done many times — especially about immigration — is not good.
The nation has entered dangerous, uncharted waters.
Time will tell. Will Trump continue to defy the orders of the judicial branch, or will he comply when faced with pressure from Americans?