If Kilmar Abrego Garcia is as bad as he’s suspected of being, he’s right where he belongs: Out of the country and in an El Salvadoran prison. But he must nonetheless be accorded due process for two reasons: To determine if he truly is as bad as our government says he is, and to protect us as well from future governmental abuses.
Widely disputed is who Mr. Garcia truly is. His supporters say he is a husband, a father, and an all-around family man. His detractors say he is suspected of being a gangbanger, a human trafficker, and a wife beater.
But nobody disputes that Mr. Garcia entered the United States illegally in 2012 and was declared deportable in 2019 to any country other than his native El Salvador, since a return to El Salvador might put him in gang-related danger. And, most importantly, both his supporters claim, and government officials admit, that he was deported to El Salvador because of some sort of “administrative error,” and not through due process.
But under the circumstances, due process is needed for two reasons:
First, due process is needed to more fully determine if Mr. Garcia truly is what the government says he is. Suspicion is not the same as conviction and, in fact, Mr. Garcia has not yet been convicted of anything of which he has been accused. We should require proof beyond a reasonable doubt if Mr. Garcia is to be charged and punished for the specific crimes of which he is suspected.
Second, requiring that Mr. Garcia be accorded due process strengthens the precedent of using due process and diminishes the chances that the government may choose to punish someone else without due process. As a general rule, if we allow the government to run roughshod over the rights of others, we strengthen precedents by which the government can oppress us as well, and weaken our chances that our demands for due process in our cases will be met. On the other hand, by insisting on due process not only for Mr. Garcia but for everyone, we strengthen both our claim to due process for ourselves, and the probability that due process will, in fact, be granted. In other words, by insisting on due process for Mr. Garcia, we are insisting on protections not only for him, but for ourselves as well.
President Trump must demand of his friend and ally, the President of El Salvador, that Mr. Garcia be returned to the United States, where his case can be properly adjudicated through due process. If Mr. Garcia is found guilty of specific crimes, he must be punished according to law. And even if he’s innocent, he may still be deported if the 2019 findings are still valid. But whatever is done with, to, or for Garcia must be done with due process—not only for his sake, but for ours as well.
Malcolm L. Cross has lived in Stephenville since 1987 and taught politics and government at Tarleton for 36 years, retiring in 2023. His political and civic activities include service on the Stephenville City Council (2000-2014) and on the Erath County Republican Executive Committee (1990-2024). He was Mayor pro-tem of Stephenville from 2008 to 2014. He has served on the Board of Directors of the Stephenville
Economic Development Authority since 2018 and as chair of the Erath County Appraisal District’s Appraisal Review Board since 2015. He is also a member of the Stephenville Rotary Club, the Board of Vestry of St. Luke’s Episcopal Church, and the Executive Committee of the Boy Scouts’ Pecan Valley District. Views expressed in this column are his and do not reflect those of The Flash as a whole.
I believe that due process is to be afforded to Americans and people that have entered the country legally. This my opinion only. It has no basis in fact or legal precedent.
This is just how I feel.