The Sentinel

Illinois lawyer says Kilmar Obrego Garcia case is a ‘constitutional crisis’

"The idea that the U.S. government is absolutely flouting our constitutional right to due process is terrifying, ..."

by Judith Ruiz-Branch
Illinois News Connection

CHICAGO - An Illinois law professor is weighing in on what she called a "very public and open test of due process" for immigrants being deported from the United States without court hearings.

On Wednesday, a U.S. district judge denied the Justice Department's request to further delay the wrongful deportation case of a Maryland man, Kilmar Obrego Garcia, who was sent to a prison in El Salvador. Both a U.S. District Court and the U.S. Supreme Court have ordered the Trump administration to "facilitate" his return.

Victoria Carmona, clinical professor of immigration law, Chicago-Kent College of Law, said regardless of citizenship status, the lack of due process for one person is a crisis for everyone.

"The idea that the U.S. government is absolutely flouting our constitutional right to due process is terrifying, because if they're going to do it for one person, this is the test case," Carmona explained. "This is to see what can the government get away with and start pushing the odometer further and further away from due process. And it should be scary to everyone."

The government now has until May 5 to report any efforts it is making to comply with the court orders. In the meantime, Gov. JB Pritzker said Illinois is looking into ways to cut any state financial ties to Salvadoran companies in protest of that government's imprisonment of hundreds of deportees taken from the U.S. without court hearings.

Obrego Garcia already had a set of protections which said he could not return to his native country of El Salvador for fear of government persecution. The Justice Department said deporting him was an administrative error, although the Trump administration insists he is affiliated with a gang.

Carmona pointed out both countries' leaders are making the case more difficult to resolve.

"From El Salvador's perspective, I'm sure they're upset because their citizen had essentially claimed protections and saying that the El Salvadoran government would harm him if he returned," Carmona observed. "But this idea that the U.S. has no position to facilitate his return is an absolute lie."

Whatever happens to Obrego Garcia, Carmona added the unprecedented nature of the executive branch ignoring judicial orders has set the U.S. up for a constitutional crisis.

"At this point, I think Congress should be looking at impeachment," Carmona contended. "If Trump is going to clearly violate the Supreme Court orders, the resolution is impeachment."

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