The “Law” has broken the law
Informative cards warning against ICE (William Winkelman/The Puma Prensa)
By William Winkelman, Website Editor
One moment you are in your home, and then all of a sudden men show up at your door demanding to speak to you. They kidnap you and bring you halfway across the country. From there, you're flown even further into a massive prison where you remain with no sight of return, possibly dead. This story is one of kidnapping, human trafficking, and a loss of rights given to US citizens by law. On top of it all, the government refuses to do anything about this, claiming they can’t do anything despite being the only ones who can.
This story isn't some tale about a faraway country, or one out of a book to teach some morals in the end. This nightmare is a real thing that happened to a US citizen named Kilmar Armando Abrego Garcia. His story needs to be seen as a warning, because if one citizen doesn't have their right to due process respected, no citizen does. Due process is the process and fairness in the legal system, allowing people to their amendment rights and a trial with all those applied. Therefore, this could happen to anyone you know, including you, at any moment, without warning or returning.
To take a step back, let's look at the laws to prevent this from happening legally. Here is a list of some of your rights as a US citizen, as mentioned in the Constitution:
The Fourth Amendment states: “The right of the people to be secure in their persons, houses, papers, and effects, against unreasonable searches and seizures, shall not be violated, and no Warrants shall issue, but upon probable cause, supported by Oath or affirmation, and particularly describing the place to be searched, and the persons or things to be seized.”
The Fifth Amendment states: “nor be deprived of life, liberty, or property, without due process of law.”
The Sixth Amendment states: “In all criminal prosecutions, the accused shall enjoy the right to a speedy and public trial.”
The Eighth Amendment states: “nor cruel and unusual punishments inflicted.”
The Fourteenth Amendment states: “No State shall make or enforce any law which shall abridge the privileges or immunities of citizens of the United States; nor shall any State deprive any person of life, liberty, or property, without due process of law; nor deny to any person within its jurisdiction the equal protection of the laws.”
To summarize, as a citizen of the US, you have the right to have a trial, not to be seized without a warrant, not to be cruelly punished, and to be provided all of these rights no matter who you are as a citizen.
In Garcia’s case, he was a man who came to the US at 16 years old seeking refuge, and 8 years later, in 2019, he was granted legal permission to live and work in the USA Then, as described previously, he was taken from his home after taking his son back from his grandparents. Immigration and Customs Enforcement, or ICE, agents came to his house without a warrant, taking him and violating his Fourth Amendment rights. He was then taken from Maryland to Texas to be held in an ICE center until his deportation to CECOT, El Salvador’s maximum security prison. This action violated his Fifth, Sixth, and Fourteenth Amendment rights. All of this happened in March, and it's now May, so he has been stuck in this prison for two months, without his rights or family, and with harsh living conditions as observed in CECOT, violating his Eighth Amendment rights.
This man’s story isn't an isolated case, though, as more people have undergone the same robbery of their rights. Legally, the president is required to get the illegally deported back to the US, as declared by the Supreme Court, but he has done nothing to assist them in their difficult situation. This leads to speculation on a violation of First Amendment rights, as current President Trump’s policy against immigrants leads this to match up well.
Overall, his story should serve as a lesson to us all. This is illegal and should not happen again, no matter what. We must fight for our rights and stand up for others if we see something happen, as our government won't. We must believe in the good of the people around us and work together as a society to stay safe, well, and preserve our American rights and freedoms.