The Constitution Is Under Attack

In the United States of America, two amendments guarantee people due process. The Fifth Amendment addresses the federal portion, and the Fourteenth Amendment extends it to the state level. 

The Fifth Amendment states, “No person shall be held to answer for a capital, or otherwise infamous crime, unless on a presentment or indictment of a Grand Jury, except in cases arising in the land or naval forces, or in the Militia, when in actual service in time of War or public danger”. 

Section One of the Fourteenth Amendment states, “All persons born or naturalized in the United States, and subject to the jurisdiction thereof, are citizens of the United States and of the State wherein they reside. No State shall make or enforce any law which shall abridge the privileges or immunities of citizens of the United States; nor shall any State deprive any person of life, liberty, or property, without due process of law; nor deny to any person within its jurisdiction the equal protection of the laws.”

Kilmar Armando Abrego Garcia, an El Salvadorian man, who was living in Maryland. He escaped El Salvador at the age of 16 to the USA and crossed the border illegally. He was running from gang prosecution, and in 2019, an immigration judge granted Garcia asylum.

AP/El Salvador presidential press office

On March 15th, Garcia was deported to El Salvador’s CECOT facility. His deportation was part of a massive deportation event brought on by President Trump. Trump enacted the Alien Enemies Act of 1798 to skip due process. 

On the 24th, Garcia’s wife sued the United States to have him returned. It was then confirmed that he was deported due to an error. The Supreme Court ordered the administration to demonstrate that it is attempting to extradite Garcia to the USA, but the current administration has defied the order.

Since the Trump administration is defying a Supreme Court order, it is openly bypassing the checks and balances established by the Constitution.

While Garcia’s story is sad and infuriating, it also doesn’t address the hundred-plus others who were deported without due process. Every person walking on American soil is guaranteed due process, but the current administration appears to disagree.