Urge Trump Administration to Reinstate Deported Migrant Back in El Salvador
In a recent developments, a federal judge has ordered the Trump administration to bring back a Venezuelan migrant who was wrongfully deported and imprisoned in El Salvador mid-March, despite holding a protective order against expulsion.
The situation bears similarity to Kilmar Abrego Garcia, a Salvadoran migrant, who too, was deported by the U.S. to a maximum-security prison in his home country, contrary to judicial orders. Although the U.S. court has already ordered his return, the Trump administration remains uncompliant.
On Wednesday, Judge Stephanie Gallagher instructed the executive to facilitate the return of the 20-year-old Venezuelan migrant, referred to colloquially as "Cristian." "Cristian" had arrived in the U.S. from Venezuela as a minor and had been granted protection from deportation since November, while his asylum request was under review. The federal judge ruled that he should be returned to the U.S. pending a decision on his asylum request.
Since resuming power in January, the Trump administration has prioritized tough enforcement against illegal immigration, often referring to it as an "invasion" of the country by "criminals from abroad." In mid-March, Trump deployed an 18th-century law on "enemy aliens" to detain and deport over 250 immigrants, labelled as gang members, sending them to a high-security prison in El Salvador.
The deployment of the exceptional law has generated considerable backlash from the legal system, with lawyers for some deported migrants arguing that the accused are not gang members, have committed no crimes, and were targeted due to their tattoos. Recently, the Supreme Court intervened, halting deportations of Venezuelan immigrants to El Salvador under the 18th-century law.
However, the administration has been engaged in a standoff with the judicial system. In the case of Kilmar Abrego Garcia, the court acknowledging an "administrative error" ordered the administration to facilitate his return. Yet, the administration remains inflexible, insisting that Abrego, a married father, "will not return" to the U.S., without providing any evidence of his alleged gang affiliation.
Legal experts argue that the practice of sending deported immigrants to maximum-security prisons, when they should be returned to their home countries, violates constitutional protections due to the absence of conviction or trial. The ongoing legality of such deportations will continue to be contested, with the legal community challenging attempts to bypass due process and judicial review, maintaining that constitutional due process rights extend to all persons in the U.S., regardless of their immigration status. The Supreme Court remains indispensable in maintaining judicial oversight over these deportations.
- The Trump administration's stance towards Christian Garcia mirrors their handling of Kilmar Abrego Garcia, a Salvadoran migrant, who was also wrongfully deported and imprisoned despite a protective order against expulsion.
- The ongoing controversy surrounding the Trump administration's immigration policies is not limited to the recent case of the Venezuelan migrant; the administration has consistently prioritized deportation, even for those with protective orders, such as Cristian.
- The practice of deporting immigrants, like Christian and Kilmar, to maximum-security prisons in their home countries appears to violate constitutional protections, as these individuals have not been convicted or tried.
- The Supreme Court's intervention, halting deportations of Venezuelan immigrants to El Salvador under the 18th-century law, has demonstrated its critical role in maintaining judicial oversight over immigration policies and protecting individual rights.
