In recent months, the Trump administration has faced significant backlash over its handling of immigration enforcement, particularly concerning the deportation of Kilmar Abrego Garcia and the unprecedented invocation of the Alien Enemies Act of 1798. This legal battle exposes deep flaws within the U.S. immigration system, including violations of due process and overreach of executive authority.
Kilmar Abrego Garcia’s Deportation
Kilmar Abrego Garcia, a 29-year-old Maryland resident, was deported to El Salvador on March 15, 2025, despite having legal protection against such an action since 2019. A U.S. immigration judge granted him protection from deportation due to the risk of persecution by gangs in El Salvador. Despite this, ICE agents arrested him in Baltimore and deported him within three days, sending him to El Salvador’s infamous Terrorism Confinement Center (CECOT).
Although the Trump administration acknowledged that the deportation resulted from an “administrative error,” they argued against facilitating his return, claiming Abrego Garcia is an MS-13 gang member based on unverified allegations from a 2019 confidential informant. However, his attorneys maintain that he has no criminal record and was lawfully protected from deportation.
Violation of Due Process
The U.S. Constitution’s Fifth Amendment ensures that “no person shall be… deprived of life, liberty, or property, without due process of law.” This right applies to all individuals within U.S. borders, including non-citizens. Yet, reports have emerged of the U.S. government deporting individuals without fair hearings or proper legal representation.
In the case of Kilmar Abrego Garcia, the Trump administration’s actions violated his court-granted protection, a blatant disregard for due process. Despite the DOJ’s argument that the federal court lacks jurisdiction to intervene since Garcia is now detained by a foreign government, Judge Paula Xinis ordered the Trump administration to return him to the U.S. by April 7, 2025.
Trump’s Invocation of the Alien Enemies Act
In March 2025, President Trump invoked the Alien Enemies Act of 1798 to justify the deportation of alleged gang members, particularly targeting Venezuelan nationals associated with the Tren de Aragua gang. This action was unprecedented, as the U.S. is not in a formal state of war with Venezuela.
Legal experts argue that the Act was designed to be applied during wartime or armed conflicts with recognized nation-states. Critics contend that using the Act against non-citizens in peacetime is a gross overreach of executive authority and a violation of constitutional due process rights.
Legal Challenges
Federal courts have begun to push back against the administration’s aggressive use of the Alien Enemies Act. U.S. District Judge James Boasberg issued a temporary restraining order halting deportations carried out under the Act, stating that its application requires a formal state of war or equivalent circumstances.
Additionally, the case of Kilmar Abrego Garcia underscores broader concerns about the weaponization of outdated laws to bypass established legal protections. With appeals underway, the question remains whether the courts will rein in the executive’s unchecked power.
Conclusion
The deportation of Kilmar Abrego Garcia and Trump’s unprecedented use of the Alien Enemies Act have sparked a firestorm of legal and ethical debate. As these cases continue to unfold, the American public must remain vigilant to ensure that civil rights are upheld and due process remains a cornerstone of justice.