The due process was provided by courts years ago. They ruled that Abrego Garcia could be deported, but not to El Salvador. So, it is concerning to me that the administration deported him there. If he had been deported to Guatemala, then the court order would not have been violated and his full due process would have been given.
There is a spectrum of due process. If a would-be immigrant is apprehended at the border, she can be turned away (deported) immediately. They don’t have a right to a trail so show it was ok for them to come into the country.
If you are a legal resident, you have a right to a civil due process. This due process is the State Department deciding it is time for you to go. You don’t have a right to a trial.
If you are on a student visa, the State Department can revoke that visa, you don’t get a trial by jury. On a side note, I would like to see Trump say that if China is caught one more time hacking or stealing IP data from a US company or our government, then all student visas for Chinese nationals will be revoked.
If you are an immigrant that was let in on parole, then you also have limited rights to a due process. And you better show up on your assigned hearing date.
If you are a US citizen, then you have a right to the full due process guaranteed by the constitution and the laws of our country.
I believe Abrigo Garcia was given the “right” to not be deported to El Salvador, but nothing more. I am not a lawyer. Perhaps some constitutional lawyers could weigh in.
So, it would be fair for him to come back and be transferred to another country that will take him. Or, they could judge-shop like the democrats did and take him before a judge in Texas and see if that judge thinks his claim is still valid. To wit, he can’t go to El Salvador because a RIVAL GANG wants to kill him. But in that prison, there are a ton of MS-13 members that will protect him against a ton of the Barrio gang members. So, he has no need to be in fear. This happens in US prisons all the time. You get tossed in and you either join the “gang” that will protect you, or you get shanked. I will agree to this, if you put one of the crypts into a prison full of bloods he will be killed. But if the gangs are balanced, he has no more fear from a rival gang than any other prisoner. Are we to say that ALL MS-13 members get to say they fear being killed by a rival gang if they go back? Can anyone being deported just say they will be killed, so they have to stay here. We know the cartels told everyone exactly what to say to claim asylum when they turned themselves over at the border. We know there was a record percentage of people claiming asylum and therefore we know the vast majority were lying.
There was no due process when these people asked to come into this country. They were rubber stamped and put on “parole” without regard to the legitimacy of their claim or even a common sense evaluation.
Let me ask you this: if an immigrant was put on parole and told to show up for an asylum hear, but never shows up, then haven’t they abdicated their right to further due process (I am not saying that is the case with Abrego Garcia)
[I am out of time and will try to answer some other posts tomorrow, sorry about that]