Govt Can Defuse/Resolve García Problem

WASHINGTON - April 16, 2025 - PRLog -- While there seems to be general agreement on all sides that Kilmar Abrego García was denied due process when he was mistakenly flown to El Salvador despite a still-valid  "withholding of removal" status order in place, and that his imprisonment in El Salvador would be legal and valid if he is given a due process hearing, no one seems to have suggested an obvious way to defuse and resolve the situation, says public interest law professor John Banzhaf.

An administrative hearing to revoke García's protected status, providing all that constitutional due process requires under the circumstances and perhaps even more, could be held now before an immigration judge in the U.S., with García participating via video call (video conferencing) such as Zoom from the prison in El Salvador.

García could be sworn in to testify under oath by a U.S. embassy official, and the hearing could even be attended by Democratic Senator Chris Van Hollen who is visiting and supports protecting García's rights.

Garcia's lawyers, appearing in person before the immigration judge, could then present any additional evidence and legal arguments appropriate for the revocation hearing, says Banzhaf, who has taught the law related to such administrative hearings for more than fifty years, and won many cases before a variety of administrative agencies.

If, as most expect, the immigration judge would revoke Garcia's protected status as a result of changed circumstances - and because he is a salaried employee of the Justice Department under an Attorney General who argues for such a result - the critics who complain about the lack of due process would be muted; and the matter itself mooted, because Garcia would then simply remain in the prison, suggests the law professor.

Sometimes the simplest solutions and common sense are the best ways to resolve what could otherwise raise difficult legal issues and even, as some have suggested, create a constitutional crisis.  The Trump administration can and should take this logical step as soon as possible before it divides the country even further, says Banzhaf.

jbanzhaf3ATgmail.com   @profbanzhaf