1. United States
2. Texas
3. Letter

I am again writing regarding Kilmar Abrego Garcia’s illegal incarceration in a foreign prison in violation of his constitutionally-guaranteed right to due process. Kilmar Abrego Garcia has no criminal record. He is not a member of any gang. He was legally working here following a U.S. immigration judge's order protecting him from removal to El Salvador, where gangs had threatened to kill him. None of that matters. This is not about one person or his actions. This is about the bedrock principle of American law: “innocent until proven guilty.” Mr. Abrego Garcia was assumed guilty and sent to a notorious El Salvadoran prison without the opportunity to prove his innocence or speak to a lawyer or judge. That was in blatant violation of his Fifth Amendment right to due process. The Constitution says “persons,” not “citizens.” Due process is not optional. Mr. Abrego Garcia’s incarceration is unconstitutional and fundamentally un-American. The Supreme Court agreed when it issued its unanimous decision demanding Mr. Abrego Garcia be freed and returned to his family. Why has this Republican administration been allowed to disregard the Constitution and the Supreme Court with impunity? As a member of Congress, you swore an oath to protect and enforce the U.S. Constitution. Now is the time to do so. My wife and I urge you to fulfil your oath, enforce the rule of law, and bring Mr. Abrego Garcia back to the United States as quickly as possible.