Process Over Person: The Case of Kilmar Ábrego García

Kilmar Ábrego García came to this country illegally in 2011 at the age of 16.  Since then, Ábrego García has been accused of physical and verbal domestic abuse multiple times and is possibly a member, or former member, of the dangerous MS-13 gang.  Ábrego García is a bad guy (or bad hombre if you prefer).  You probably do not want him as a member of your community, and you definitely do not want him as your neighbor.  We cannot blame you for that.

However, even bad guys and, yes, even illegal immigrant bad guys have rights under the United States Constitution.  The Fifth Amendment to the U.S. Constitution guarantees that “no person shall… be deprived of life, liberty, or property, without due process of law.”  Courts have consistently held that this protection applies to everyone in the U.S., including undocumented immigrants and asylum seekers.

We all benefit from the protections guaranteed by the Fifth Amendment, including due process.  Due process requires the government to follow fair legal procedures before depriving you of life, liberty, or property, and ensures fair trials, legal representation, and an opportunity to be heard and refute legal charges.  Basically, due process protects all people in the U.S. by establishing the processes that the government must for through prior to taking away your life, liberty, or property.

Donald Trump has benefited significantly from Fifth Amendment due process rights throughout his political and business career, especially during legal investigations and court proceedings.  In every civil and criminal investigation, Trump has had full access to defense attorneys, time to prepare, and the ability to challenge evidence and witnesses—core components of due process.  Trump has been treated according to the same due process framework as any other American; he has not been detained without cause, and he has had every opportunity to challenge legal claims.

Returning to the Kilmar Ábrego García, the government is distracting us from the true key issue. The process, in this case due process, is the key.  The person, Kilmar Ábrego García, is a bad guy, but that does not mean we circumvent our process.  We need due process, and if you are ever accused of a crime, you will definitely want and be thankful for due process.  Do not let this bad hombre spoil our beautiful due process system.  Instead, hold the government accountable to prove the accusations against Kilmar Ábrego García, primarily that the danger he imposes to our communities supersedes his protective order.  Then, and only then, can Kilmar Ábrego García be deported and all of our rights are protected.

To read more about the Kilmar Ábrego García’s case, read the post When Due Process Breaks Down: The Deportation of Kilmar Ábrego García