Abrego Garcia May be the Spark that Lights a Unifying Fire of Protest

Will Americans draw the line over the denial of constitutional rights?

The central and most important fact in the deportation of Kilmar Abrego Garcia is not in dispute. The Trump Administration has acknowledged that he was sent to the El Salvador prison through an “administrative error.”

It’s a black-and-white case. As federal appellate Judge J. Harvie Wilkinson said in his order: “It is difficult in some cases to get to the very heart of the matter,” he wrote. “But in this case, it is not hard at all. The government is asserting a right to stash away residents of this country in foreign prisons without the semblance of due process that is the foundation of our constitutional order. Further, it claims in essence that because it has rid itself of custody that there is nothing that can be done. This should be shocking not only to judges, but to the intuitive sense of liberty that Americans far removed from courthouses still hold dear.”

These aren’t the words of a “rogue” judge or of a district court reaching beyond its geographic boundaries to impose a ruling on the nation. This is the no-holds-barred admonition from a conservative federal appellate judge appointed by Ronald Reagan telling the Trump Administration, “You messed up bigly. Fix it. Now.”

The administration has claimed at various times that Abrego Garcia is a member of a notorious gang, that he is a violent terrorist, that he is a wife-beater and on and on. But none of that has been presented with evidence. In fact, the most important court case involving Abrego Garcia was in 2019 when he was granted immigration protection called withholding of removal. In granting protection, the court determined that Abrego Garcia was not a danger to the security of the U.S. This ruling came in 2019 when Trump was president and immigration was his top political issue. The Department of Homeland Security – Trump’s DHS – did not appeal the court’s decision.

Strip everything away and it comes down to the one simple fact. Abrego Garcia was “disappeared” because some people in the administration screwed up. And now, Trump and his people can’t admit they goofed.

The Constitution assures every person in the U.S. – not just every citizen, but every PERSON – of due process, a day in court. That simple, All-American solution is what makes this case increasingly difficult for Trump. If there is evidence that Abrego Garcia is a criminal and a threat to the U.S., present the evidence in court, let him defend himself and submit the case to a judge and jury. If he’s guilty, deport him. If he’s not, return him to his legal U.S. residency status granted by an earlier court.

Trump seems to understand the growing anger over this case. Public polls still show broad support for aggressive action against those in the country illegally. Sometimes, though, opinion on specific actions runs counter to sentiment about broad issues. Overall, Trump’s approval numbers are dropping rapidly.

The best barometer of public opinion toward Trump’s actions and policies always has been Trump himself. The President still is sticking to his claims that Abrego Garcia is “an illegal alien, MS-13 gang member, and foreign terrorist.” But he’s also moving on. He told reporters in recent days he didn’t know much about the case and they should talk to the attorneys at the Department of Justice. And then he complained about Iran, Federal Reserve Chair Jerome Powell and Ukraine. And there it is, the Trump playbook. Claim ignorance of a subject that he has spoken about frequently, defer to someone else and change the subject. It’s the formula Trump uses when he sees public mood shifting away from him.

And that probably is why the administration now is fighting tooth and nail to keep Abrego Garcia right where he is. Abrego Garcia has become a huge liability for Trump, legally and politically. Bring him home and acknowledge that the Constitution was violated and create a platform for Abrego Garcia to tell the world that Trump is looking to send others, including American citizens, to a prison so awful it defies belief.

Or, keep him in the El Salvador prison and risk that his case – and others like his – becomes the spark that finally creates the civic uprising that overwhelms Trump and his renegade administration.

As New York Times columnist David Brooks wrote this week, “It’s time for a comprehensive national civic uprising. It’s time for Americans in universities, law, business, nonprofits and the scientific community, and civil servants and beyond to form one coordinated mass movement. Trump is about power. The only way he’s going to be stopped is if he’s confronted by some movement that possesses rival power.”

But uprisings need a spark, a unifying event, an outrage so outrageous it pushes people not just to act, but to act in unison. An uprising in which all attorneys fight for the rule of law, not just a few law firms under attack. A resistance that brings all universities and colleges together to stand up not just for academic freedom, but for freedom of speech for all. An insurgency of corporate and civic leaders, the faith community and you and me.

The case of Abrego Garcia is easy to understand. The Administration acknowledges its error. The resolution is the American Way – exercise the constitutional guarantee of due process.

Today, Abrego Garcia is Trump’s liability. He could be democracy’s asset. If you share this message with your families and friends, if you call your favorite business and your least favorite member of Congress, if you write a letter to the editor of your newspaper or post on social media, if you…if you do anything and everything to send a single message: America is too important to let it be destroyed by Donald Trump. America is a country that stands by the rule of law not just for someone who looks like you or me, but for everyone at all times and under every circumstance.

Everyone – every law firm, every college and university, every faith community, every business – all of us, you and me, need to be saying that in unison and without pause.