The Trump administration should be anxiously working to determine the truth regarding the deportations of Kilmar Abrego Garcia and Andry Hernandez Romero, both of whom have been placed in a prison in El Salvador, where immigrants to the United States lacking permanent legal status and suspected of crimes have been sent.
Instead, however, the government is digging in, arguing it lacks the authority to release inmates from the prison in El Salvador, where the U.S. is paying to have them housed. A judge has argued that this is not true, which seems plausible.
Government admits its mistake
Earlier, in a court filing, the administration admitted Garcia was deported due to an administrative error. He was a legal resident protected by a 2019 court order that prevented him from being deported, according to NBC News and other news sources.
Justice, not the need to be right at all costs, ought to be the overriding concern here.
If, as attorneys allege, Garcia — who is married to a U.S. citizen, lives in Maryland and is the father of a nonverbal autistic child — has no criminal history in the U.S. or El Salvador and has no connection with a gang, he should be returned to the U.S. If the government has compelling evidence to the contrary, it should be made public.
The same applies to Romero, a makeup artist who reportedly fled from Venezuela in part because he was targeted for his political views and because he is gay.
The same should apply to all who were rounded up and sent to this prison. Due process should not be sacrificed just because the subjects at hand are not citizens. This is a hallmark of American justice.
Some may indeed be notorious gang members. But others may be legitimate asylum seekers whose lives are endangered.
Few have criminal records
The CBS show “60 Minutes” said it has examined internal documents and both U.S. and international court filings on all the Venezuelan detainees in El Salvador. It said it could find no criminal records for 75% of them.
Another 22% had criminal records, but most were nonviolent. “About a dozen are accused of more serious crimes, including murder, rape, assault and kidnapping,” it said.
The administration countered by saying many of the detainees were gangsters and horrible criminals who just don’t have rap sheets in the U.S. However, they seem unable to produce much evidence.
The Supreme Court is likely to determine Garcia’s fate. Chief Justice John G. Roberts Jr. on Monday temporarily blocked a lower court’s order for the Trump administration to secure Garcia’s release by midnight. Observers believe the order was issued to give the Supreme Court time to study the matter.
U.S. District Judge Paula Xinis issued the initial order, which gave the administration until midnight Monday to return Garcia. Her ruling rejected the notion that the Trump administration could not secure his release.
Xinis also said the administration has provided “no evidence” to prove that Garcia is a gang member.
Alien Enemies Act
On Monday, the Supreme Court also ruled that the president can, at least for now, enforce a 1798 law known as the Alien Enemies Act to quickly deport alleged members of notorious gangs. However, it also said anyone facing deportation needs “an opportunity to challenge their removal.” The ruling was narrowly written and concerned itself with the proper venue for trying the case.
The act was intended to give presidents broad power to remove suspected undocumented immigrants from the country during times of war, or when an enemy attempts to invade. The administration has often compared the stream of undocumented immigrants across the nation’s southern border to an invasion.
The act was invoked in World War II to remove Japanese Americans to internment camps after the bombing of Pearl Harbor.
We understand the desire to expel dangerous people who have entered the U.S. without documentation. However, all such people should be afforded humane treatment and the ability to argue their innocence. Families, especially, should be kept intact. Most importantly, the government should be required to prove its case against these detainees before sending them to a prison in a foreign land.