Vice President J.D. Vance has escalated the debate surrounding Kilmar Abrego Garcia, a Maryland resident erroneously deported to El Salvador under the Trump administration. Vance’s 300-word social media statement this week has drawn significant criticism for its stance on due process rights.
In the statement, Vance began by asserting that former President Joe Biden “allowed approximately 20 million illegal aliens” into the United States, a claim lacking evidence. He then shared his views on due process, suggesting that legal protections should vary 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 labeled Abrego Garcia as “an MS-13 gang member” and accused journalists and “the far-left” of “obsessing” over the issue. He concluded with accusations regarding “ratification of Biden’s illegal migrant invasion.”
Court documents do not corroborate Vance’s claim of Abrego Garcia being an MS-13 member. Both Abrego Garcia’s wife and attorney have repeatedly denied these allegations, noting that he has not been charged with or convicted of a crime in the United States.
The issue originates from the Trump administration’s deportation of Abrego Garcia to El Salvador, despite his protected legal status. In 2019, a judge granted him “withholding of removal” status, preventing his deportation to El Salvador, though not to a third country. The administration has admitted that the deportation was due to an “administrative error.”
Abrego Garcia was subsequently detained in a Salvadoran prison, where Senator Chris Van Hollen of Maryland recently visited him. Van Hollen reported Abrego Garcia was “traumatized” and fearful during his imprisonment. The senator also accused the administration of “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, but the Trump administration has resisted, asserting it cannot compel the Salvadoran government to release one of its citizens.
The case has garnered bipartisan criticism. Republican Senator John Kennedy called the situation a “screw up,” while Democratic Senator Van Hollen described it as a “constitutional crisis.”
Vance’s stance on due process is not uncommon in current Republican discourse. 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, various Fox News hosts have criticized due process as an unnecessary formality and a bureaucratic hindrance.
In Congress, Republican Representative Victoria Spartz of Indiana recently declared, “You violated the law, you don’t get due process.”
Legal experts have countered these claims, emphasizing that the Due Process Clause applies to all individuals within U.S. jurisdiction, regardless of immigration status. Jeffrey Rosen, who leads the nonpartisan National Constitution Center, highlighted that the cornerstone of constitutionalism is the due process of law. He explained that what separates a constitutional officeholder from an absolute monarch is adherence to 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 advocate for Abrego Garcia’s release and return. 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 and accused him of disseminating misinformation. The controversy has ignited discussions on accountability and immigrant treatment.
The Trump administration has shared documents on social media concerning a 2021 protective order and a 2022 traffic stop involving Abrego Garcia. Senator Van Hollen suggests these posts aim to “change the subject” from the administration’s error. According to multiple sources, allegations from Abrego Garcia’s wife regarding domestic violence and an incident involving human trafficking did not lead to criminal charges.
Legal analysts note that without due process protections, there can be no free market, as private property could be seized without justification, and no civil liberties, as a person’s freedom could be curtailed for any reason. The denial of due process has historically enabled abuses, such as the internment of Japanese-Americans during World War II.