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Maryland Congressman, legal experts, explain takeaways in Kilmar Abrego Garcia's case

Maryland congressman, legal experts concerned with lack of "due process" in case of mistakenly depor
Maryland congressman, legal experts concerned with lack of "due process" in case of mistakenly depor 02:48

Maryland Rep. Jamie Raskin and two legal experts Wednesday explained the concerning implications they see in the case of Kilmar Abrego Garcia, the Maryland man who was mistakenly deported to El Salvador.

It happened the same day Maryland Sen. Chris Van Hollen traveled to El Salvador to try and bring Abrego Garcia home.

Meanwhile, the Trump administration continues to stand its ground in not bringing Abrego Garcia back to the country.

Takeaways in Kilmar Abrego Garcia's case

The biggest concern Raskin and two legal experts shared in this case is the lack of due process.

The Trump administration has branded Abrego Garcia as an MS-13 gang member, but he has no criminal record.

Raskin is concerned about how the lack of due process could extend to U.S. citizens and other legal residents, especially with President Trump expressing interest in deporting U.S. citizens and jailing them abroad.

"Without due process, anything can happen to anybody under a government that is willing to act in arbitrary, political and subversive ways," Raskin said. "If the rights of noncitizens are not secure, the rights of citizens are not secure."

An immigration judge granted Abrego Garcia withholding of removal in 2019. Although he did enter the country illegally, this means the U.S. government couldn't deport him to El Salvador.

David Leopold, legal advisor for America's Voice and former president of the American Immigration Lawyers Association, said this is only granted after a thorough vetting process.

"They go through background, they go through criminal history, they go through a whole array of checks to make sure the individual they are allowing to stay in the United States is acceptable," Leopold said.

Despite court orders to facilitate his return, U.S. Attorney General Pam Bondi stressed Wednesday that the plan is to keep Abrego Garcia in El Salvador.

Leopold said the Trump administration could be held in contempt down the line, but even if that doesn't happen, he said misconduct violations could be cited.

"Attorneys who walk into courtrooms and make representations to courts about facts in the case are duty-bound to have done their due diligence," he said. "The bottom line is they gotta do their homework and they can't walk in there and speak untruths."

More members of Congress could visit El Salvador

Besides pressure from the courts, Raskin and Van Hollen hinted Wednesday there could be added pressure from other members of Congress, not ruling out more visits to El Salvador.

"I'm hopeful that these initial visits bring him back. If not, I'm very open to what we need to do in the future to bring him back," Raskin said.

So far, Van Hollen has met with Vice President Félix Ulloa, and he's been denied a meeting or phone call with Abrego Garcia.

Maryland Rep. Andy Harris, the state's sole Republican Congressman, described Van Hollen's efforts to bring Abrego Garcia back to Maryland as shameful on social media.

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