BURSTSenate Judiciary Committee Democrats are pressuring Chair Chuck Grassley (R-Iowa) to hold a hearing on Kilmar Abrego Garcia, arguing the panel should review the lack of due process in his case, as he was shipped to a notorious prison in El Salvador.
“The Constitution prohibits the deprivation of life, liberty, or property without due process of law. … For over two centuries, our commitment to due process has defined us as a free nation. In recent months, however, President Trump has repeatedly departed from that obligation. The case of Kilmar Armando Abrego Garcia underscores the profound consequences of the administration’s disregard for due process,” the group wrote in a letter spearheaded by Sen. Peter Welch (D-Vt.).
Abrego Garcia was among 200 men sent to a Salvadoran facility where the Trump administration has since argued it cannot secure his return.
A Maryland resident and Salvadoran national, Abrego Garcia was protected from being deported to El Salvador under a 2019 ruling from an immigration judge. The Justice Department said he was removed due to an administrative error. The Trump administration has claimed Abrego Garcia was a member of the MS-13 gang, but that accusation is largely based on one confidential informant.
Democrats have argued the episode shows why it's important to have judicial review.
“To date, no congressional committee has held a hearing on the administration’s violations of the right to due process. The Senate Judiciary Committee has a special responsibility to examine whether the Executive Branch has circumvented the Constitution in carrying out its policy agenda. We urge you to schedule an immediate hearing on the administration’s infringement of this critical constitutional right,” Welch wrote.
Grassley’s office did not respond to a request for comment.
The Supreme Court has said the Trump administration must “facilitate” Abrego Garcia’s return — something it has argued means only that it must provide a plane should El Salvador be willing to return him.
And in a separate matter, the court has said Venezuelan men designated to be sent to the same facility under the Alien Enemies Act must have sufficient notice in order to be able to challenge their removals.
While Republicans are likely to resist the effort, Democrats have been holding their own hearing-like panels to review issues not covered by the main committee.
Earlier this year, committee members held a joint panel with House Democrats to weigh Trump’s effort to “bend our justice system to his will.”