On March 15th, the Trump administration deported a 29-year-old man from Maryland named Kilmar Abrego Garcia to El Salvador despite a judge’s order from 2019 prohibiting him from being sent there due to fear of persecution (N.B.C. News). Although Garcia has no criminal record, the Trump administration insists that he is part of MS-13 – a transnational gang based in El Salvador which has been labeled a terrorist organization by the U.S. The Trump administration admitted that Garcia’s deportation was an administrative error weeks ago, but they have failed to fulfill the Supreme Court’s order to facilitate Garcia’s return. Garcia was being held at El Salvador’s notorious mega-prison called C.E.C.O.T., known for torture and overcrowding, where he was not allowed to contact anyone for over a month until Maryland Senator Chris Van Hollen requested a visit this week. According to Van Hollen, Garcia experienced traumatizing circumstances and has been transferred to a different prison (B.B.C.). President Trump’s failure to uphold due process in Garcia’s case demonstrates an authoritarian shift in America’s immigration policy. 

During a meeting with El Salvadoran President Nayib Bukele, President Trump said it is up to El Salvador to return Garcia. After C.N.N. Reporter Kaitlan Collins asked if El Salvador would cooperate, President Bukele called Garcia a “terrorist” and called the question “preposterous.” Garcia has never been charged with terrorism by any law enforcement agency. In the same meeting, President Trump told Bukele he should build more prison complexes because “home-growns” might be next (The Independent). District Judge James E. Boasberg has found probable cause to charge President Trump with contempt, referring to the administration’s actions as “willful disobedience of judicial orders” (A.P. News). Senator Van Hollen has been especially vocal about Garcia’s illegal displacement, stating boldly that “The Trump Administration is lying about Abrego Garcia” (P.B.S.). The Trump administration’s actions in the Garcia case set a worrying example about what the future of immigration policy could look like in the U.S..

The efforts of the judiciary, like Boasberg bringing actual charges and the Supreme Court’s unanimous ruling that the Trump administration must facilitate Garcia’s return, are crucial for combating Trump’s crackdown on immigration. In addition, Senator Van Hollen’s trip to El Salvador and support from other Congresspeople who intend to visit Garcia are important acts of protest against Trump’s immigration agenda. However, given the scope of violations committed by the Trump administration, the legislature and judiciary need to take a stronger approach to prevent further human rights abuses. Federal courts have ordered President Trump to stop mass deportations to C.E.C.O.T. immediately and return those who have been deported. President Trump has continually defied the courts’ orders, for which he must be held accountable. Congress and the Supreme Court push back against President Trump’s grab at power in order to secure due process and human rights. 

The first four months of President Trump’s second term have been characterized by legally questionable decisions surrounding immigration. In February, the Trump administration detained almost 300 migrants in a hotel in Panama, several of whom were seen pleading for help through the windows (C.N.N.). In February, the Trump administration also detained several hundred Venezuelan migrants at Guantanamo Bay, a U.S. military prison known for inhumane treatment (NBC News). While immigrants sent to Guantanamo Bay have been returned to the U.S., the current administration’s complete disregard for the rights of immigrants represents a shocking shift in the United State’s position as a global pillar of justice. 

As the Trump administration justifies its crackdown on immigration by vilifying innocent people like Garcia, Congress and S.C.O.T.U.S. must take immediate action to ensure human rights are firmly upheld. In the upcoming weeks, the top priority of those in government able to fight back against Trump’s policies must be to protect vulnerable people from illegal displacement and to return those who have already been wrongfully deported. Without constraints, President Trump’s violation of federal courts and disregard for human rights threatens to initiate a severe immigration crisis.