Vice President J.D. Vance has stirred controversy with his comments on Kilmar Abrego Garcia, a Maryland resident mistakenly deported to El Salvador under the Trump administration. Vance’s 300-word social media statement has attracted significant criticism for its interpretation of due process rights.
Vance claimed that former President Joe Biden “allowed approximately 20 million illegal aliens” into the United States, a figure lacking evidence. He discussed his views on due process, suggesting different levels of legal protection based on one’s status.
Vance stated, “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.” He further noted 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 asserted that journalists and “the far-left” are overly focused on the case. He concluded with allegations about “ratification of Biden’s illegal migrant invasion.”
However, court documents do not corroborate Vance’s claim of Abrego Garcia being an MS-13 member. Abrego Garcia’s wife and attorney have consistently refuted these allegations, noting he has never been charged with a crime in the U.S.
Abrego Garcia was deported despite having “withholding of removal” status, granted by a judge in 2019, which prevented his deportation to El Salvador. The administration acknowledged this as an “administrative error.”
Abrego Garcia ended up in a Salvadoran prison, and Senator Chris Van Hollen of Maryland visited him, reporting that he was “traumatized” and fearful. Van Hollen accused the administration of misinformation and defended Abrego Garcia’s right to due process.
The Supreme Court ordered the government to facilitate Abrego Garcia’s return, but the Trump administration has resisted, arguing it cannot compel the Salvadoran government to release one of its citizens.
The case has received bipartisan criticism. Republican Senator John Kennedy called it a “screw up,” while Democratic Senator Van Hollen termed it a “constitutional crisis.”
Vance’s stance on due process is not isolated within Republican politics. 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.” Several Fox News hosts have also criticized due process as unnecessary and impractical.
Republican Representative Victoria Spartz of Indiana recently remarked, “You violated the law, you don’t get due process.”
Legal experts have countered these views, emphasizing that the Due Process Clause applies to everyone in U.S. jurisdiction, regardless of immigration status. Jeffrey Rosen of the National Constitution Center highlighted that due process distinguishes constitutional governance from absolute monarchy.
A group of House Democrats, including Representatives Robert Garcia, Maxwell Frost, Yassamin Ansari, and Maxine Dexter, visited El Salvador on April 21, 2025, to demand Abrego Garcia’s release. They were denied access to him and called for 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, accusing him of misinformation. The controversy has raised concerns over accountability and immigrant treatment.
The Trump administration has shared documents on social media about a 2021 protective order and a 2022 traffic stop involving Abrego Garcia. Senator Van Hollen suggests these posts aim to divert attention from the administration’s error. Multiple sources indicate that allegations of domestic violence and human trafficking did not lead to criminal charges against Abrego Garcia.
Legal analysts note that without due process, there can be no free market or civil liberties, as property and personal freedoms could be arbitrarily taken. The lack of due process has historically enabled abuses, such as the Japanese-American internment during World War II.
