El Salvador Prison/Due Process

On March 15, 2025, Kilmar Armando Abrego Garcia, now known as the “Maryland” man, was deported to a mega-prison in El Salvador under the suspicion of being a member of the criminal gang MS-13. Recently, Democratic Senator Van Hollen visited Abrego Garcia in El Salvador to check in on how he was and to send words of love from his wife. Van Hollen’s visit and online posts have shed more light on this case as it reaches headlines and brings up concerns about the constitutionality of Abrego Garcia’s deportation, as the legal practice of due process is stated clearly in the Fifth and Fourteenth Amendments, granting due process to any “person” on American soil. Senator Van Hollen has made his stance: "I am not defending the man. I'm defending the rights of this man to due process.”

Abrego Garcia’s deportation violated his 2019 court order that barred his risk of deportation to El Salvador. His case was brought to the Supreme Court, which had ordered the Trump administration to “facilitate” his return under the decision of Judge Paula Xinis. However, it is claimed that they are unable to because of his alleged affiliation with MS-13, even after the Trump administration labeled Abrego Garcia’s deportation the result of an “administrative error” on April 1.

On April 10, the Supreme Court unanimously supported Judge Xinis’s ruling for the Administration “to 'facilitate' Abrego Garcia's release from custody in El Salvador and to ensure that his case is handled as it would have been had he not been improperly sent to El Salvador." In response, the Trump administration attempted to have it appealed, but this led to the U.S. The Court of Appeals denied it on April 17, while many began to question the legal process taken to deport Abrego Garcia, as he was not given the semblance of due process.