Vice President J.D. Vance has intensified the controversy surrounding Kilmar Abrego Garcia, a Maryland resident mistakenly deported to El Salvador during the Trump administration. Vance’s recent 300-word social media statement has faced significant criticism for its dismissal of due process rights.
In his statement, Vance started by claiming that former President Joe Biden “allowed approximately 20 million illegal aliens” into the United States, a figure lacking evidential support. He then addressed his views on due process, arguing that the level of legal protection should vary based on a person’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 continued by stating that “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 concluded with allegations about “ratification of Biden’s illegal migrant invasion.”
However, court documents do not support Vance’s characterization of Abrego Garcia as an MS-13 member. Abrego Garcia’s wife and attorney have consistently denied these allegations, emphasizing that he has never been charged with or convicted of a crime in the United States.
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, prohibiting his deportation to El Salvador but not to a third country. The administration 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 that the administration is “flat out lying” about the case and defended Abrego Garcia’s right to due process.
The Supreme Court has ordered the government to facilitate Abrego Garcia’s return to the United States. Still, the Trump administration has resisted, arguing it cannot force the Salvadoran government to release one of its citizens.
The case has drawn bipartisan criticism. Republican Senator John Kennedy described the situation as a “screw up,” while Democratic Senator Van Hollen called it a “constitutional crisis.”
Vance’s perspective on due process is not unique in contemporary Republican politics. Stephen Miller, a senior White House advisor, recently argued online, “Dear marxist judges, if an illegal alien criminal breaks into our country, the only ‘process’ he is entitled to is deportation.” Similarly, various Fox News hosts have criticized due process as an unnecessary nicety and an impractical annoyance.
In Congress, Republican Representative Victoria Spartz of Indiana recently stated publicly, “You violated the law, you don’t get due process.”
Legal experts counter these arguments, emphasizing that the Due Process Clause applies to all individuals within U.S. jurisdiction, regardless of immigration status. Jeffrey Rosen, who heads the nonpartisan National Constitution Center, noted that the very foundation of constitutionalism is the principle of due process of law. He explained that what distinguishes a constitutional officeholder from an absolute monarch is their obligation to be bound by the Constitution and laws.
A group of House Democrats, Representatives Robert Garcia, Maxwell Frost, Yassamin Ansari, and Maxine Dexter, traveled to El Salvador on April 21, 2025, to demand the release and return of Abrego Garcia. The lawmakers were denied access to meet with him during their trip. They issued demands for daily proof of life and called on the U.S. State Department to ensure his safe return.
Online users, including Congresswoman Pramila Jayapal, have fact-checked Vance’s statements and accused him of spreading misinformation. The controversy has sparked outrage over accountability issues and the treatment of immigrants.
The Trump administration has posted documents on social media regarding a 2021 protective order and a 2022 traffic stop involving Abrego Garcia. Senator Van Hollen suggests these posts are intended to “change the subject” away from the administration’s mistake. According to multiple sources, allegations of domestic violence by Abrego Garcia’s wife and an incident involving human trafficking allegations did not result in criminal charges.
Legal analysts note that without due process protections, there can be no free market, as private property could be taken without justification, and no civil liberties, as a person’s freedom could be restricted for any reason or for no reason at all. The denial of due process has historically enabled abuses, such as the internment of Japanese-Americans during World War II.
