Daily Herald opinion: We cannot be a country based on the rule of law unless we continue to adhere to a system of laws
With El Salvador President Nayib Bukele visiting Monday only days after the Supreme Court ruled that the Trump Administration must “facilitate” the return of the Maryland resident Kilmar Abrego Garcia, who had been deported in an “administrative error” to a harsh Salvadoran prison a month ago, it seemed like the most obvious question to be addressed would be how the White House would respond to the ruling.
Still, obvious or not, the matter did not come up during the initial televised exchange of pleasantries between President Donald Trump and Bukele, or in the first few questions a largely amiable Oval Office press pool posed.
It was not raised until Kaitlan Collins, a White House correspondent for CNN and an evening anchor with the network, brought up the elephant in the room. “You said if the Supreme Court said someone needed to be returned, you'd abide by that,” Collins began, before Trump cut her off.
“Why don't you just say, 'Isn't it wonderful that we're keeping criminals out of our country?'” the president said.
Though Collins raised her question respectfully, we understand that Trump frequently scolds CNN, whether out of genuine annoyance or political gamesmanship. Presidents commonly get irritated by news coverage, and given the polarization of our times, such irritations no doubt are felt more harshly than ever.
Our point today is not to get into an argument about whether CNN covers Trump fairly. It's only to say that Collins' question on Monday was a fair one. A necessary one. It had to be asked. The amazing thing is that it had not been asked earlier.
The response to Trump's rhetorical question should be, “Mr. President, why don't you embrace due process?”
It's not a matter of supporting criminals. It's a matter of supporting due process.
Which is the point the courts have been making to the administration’s apparent intransigence, both before Monday’s odd Oval Office encounter and as late as Wednesday.
Due process. We find ourselves wondering with some trepidation these days whether half the country was out sick the days due process was covered in civics classes. Due process. It is the bedrock of our republic. Without it, there is no justice. Without it, a country gives rise to authoritarianism.
The White House argues that Garcia is a dangerous member of a violent gang. Immigrations officials contend that a reliable informant identified him as one. If all that is true, why not bring his case to court and prove it?
Garcia’s defense filings paint a significantly different picture of him. They paint a picture of a man who fled to the United States at age 16 after suffering threatens and harassment from Salvadoran gangs. They describe him as a resident of the country now for 14 years, marrying, raising children and working construction.
An immigration judge six years ago granted Garcia protection from being deported to El Salvador because of a “well-founded fear” of gang persecution.
Which picture of Garcia is the accurate one? Without due process, there is no way of knowing. Without due process, we are only taking someone's word for it. Without due process, Garcia languishes in a notorious prison.
Maybe he belongs there. But what if he doesn't?