Vice President J.D. Vance has intensified the debate over Kilmar Abrego Garcia, a Maryland resident erroneously deported to El Salvador by the Trump administration. Vance released a 300-word statement on social media that has attracted criticism for its approach to due process rights.
Vance began his statement by alleging that former President Joe Biden “allowed approximately 20 million illegal aliens” into the U.S., a claim lacking evidence. He then expressed his views on due process, suggesting that legal protection levels should differ based on an individual’s status.
“To say the administration must observe ‘due process’ is to beg the question: what process is due is a function of our resources, the public interest, the status of the accused, the proposed punishment, and so many other factors,” Vance wrote. He added, “imposing the death penalty on an American citizen requires more legal process than deporting an illegal alien to their country of origin.”
Vance described Abrego Garcia as “an MS-13 gang member” and accused journalists and “the far-left” of “obsessing” over the case. He ended his statement with claims of “ratification of Biden’s illegal migrant invasion.”
However, court records do not corroborate Vance’s claim that Abrego Garcia is an MS-13 member. Both Abrego Garcia’s wife and attorney have repeatedly denied these allegations, stressing he has not been charged with or convicted of a crime in the U.S.
The controversy arises from the Trump administration’s deportation of Abrego Garcia to El Salvador despite his protected legal status. A judge had previously granted him “withholding of removal” status in 2019, preventing deportation to El Salvador but not to a third country. The administration has admitted the deportation was due to an “administrative error.”
Abrego Garcia was subsequently detained in a notorious Salvadoran prison, where Senator Chris Van Hollen of Maryland recently visited him. Van Hollen reported that Abrego Garcia was “traumatized” and fearful during his detention. The senator also stated the administration is “flat out lying” about the case, defending Abrego Garcia’s right to due process.
The Supreme Court has mandated the government to assist in Abrego Garcia’s return to the U.S., but the Trump administration has resisted, arguing it cannot compel the Salvadoran government to release one of its citizens.
The case has drawn bipartisan criticism. Republican Senator John Kennedy called the situation a “screw up,” while Democratic Senator Van Hollen labeled it a “constitutional crisis.”
Vance’s stance on due process is not unique in current Republican circles. Stephen Miller, a senior White House advisor, recently stated online, “Dear marxist judges, if an illegal alien criminal breaks into our country, the only ‘process’ he is entitled to is deportation.” Similarly, several Fox News hosts have criticized due process as unnecessary and impractical.
In Congress, Republican Representative Victoria Spartz of Indiana stated publicly, “You violated the law, you don’t get due process.”
Legal experts have countered these viewpoints, emphasizing that the Due Process Clause applies to everyone within U.S. jurisdiction, regardless of immigration status. Jeffrey Rosen, who leads the nonpartisan National Constitution Center, explained that the essence of constitutionalism is the due process of law, distinguishing constitutional officeholders from absolute monarchs.
A group of House Democrats, Representatives Robert Garcia, Maxwell Frost, Yassamin Ansari, and Maxine Dexter, traveled to El Salvador on April 21, 2025, to advocate for Abrego Garcia’s release and return. However, they were denied access to meet with him during their visit. They demanded daily proof of life and urged the U.S. State Department to ensure his safe return.
Online users, including Congresswoman Pramila Jayapal, have fact-checked Vance’s statements, accusing him of spreading misinformation. The issue has raised concerns about accountability and immigrant treatment.
The Trump administration has shared documents on social media about a 2021 protective order and a 2022 traffic stop involving Abrego Garcia. Senator Van Hollen argues these posts aim to “change the subject” from the administration’s error. Multiple sources state that Abrego Garcia’s wife’s domestic violence allegations and a human trafficking incident did not result in criminal charges. Several days ago, Abrego Garcia’s wife and children had to move to a safe house after the DHS posted their address online
Legal analysts note that without due process protections, there is no free market, as property could be taken without justification, and no civil liberties, as freedom could be restricted without reason. Historically, the denial of due process has enabled abuses, such as the internment of Japanese-Americans during World War II.
