Supreme Court Again Blocks Deportations Over Due Process

WASHINGTON - May 16, 2025 - PRLog -- The Supreme Court has again blocked the deportation of minors, this time emphasizing even more strongly the need to provide them with their due process rights as the Constitution demands;

The Court referred to Kilmar Abrego Garcia who was wrongfully deported because of an error which almost certainly would have been discovered and corrected had Garcia been given due process before his deportation.

Public interest law professor John Banzhaf, one of the first to report that all immigrants, illegal or not, are entitled to due process before they suffer any deprivation of their liberty, nevertheless has also explained how Garcia's situation can be resolved literally over night while achieving the goals sought by both sides: (1)  that he receive the protection of due process, but (2) not be returned to the U.S. where he might endanger others.

Here's how he explained - almost a month ago - how it could be done, based on an appellate decision. . . .

Judicial proceedings via video teleconference are common when it would be difficult if not impossible for a defendant or respondent (or sometimes even other participants) to appear in person.

Indeed, such a hearing could be held while Garcia remained in El Salvador by utilizing well established procedures for immigration hearings over the Internet.
Executive Office for Immigration Review (EOIR) Guidance on Internet-Based Remote Hearings (https://myattorneyusa.com/immigration-blog/deportation-an...)

By law, Garcia's protected status can be revoked if the administrative law judge determines that "the alien's life or freedom no longer would be threatened on account of race, religion, nationality, membership in a particular social group, or political opinion in the country from which deportation or removal was withheld."

Since the hearing would be held before an immigration judge who is an employee of the Department of Justice, and the Attorney General has argued very strongly against returning Garcia to the U.S., the judge is quite likely to terminate Garcia's protected status.  Indeed, it would probably be easier to prove that the threat of violence in El Salvador is no longer great that it was to make the same claim with regard to Afghanistan, suggests Banzhaf.

In short, a single hearing via video teleconferencing from El Salvador could both revoke Garcia's protection against being sent to El Salvador, and also order his removal from the U.S. to that same country where he now finds himself, says Banzhaf, although whether that's the way the Trump administration wishes to proceed is far from clear.

http://banzhaf.net/   jbanzhaf3ATgmail.com   @profbanzhaf