I write to ask you to stand up to the Executive Branch's defiance of the separation of powers and the rights of due process for all people.
Kilmar Abrego Garcia remains in custody in the brutal El Salvador prison that President Trump's ICE sent him to thanks to an "administrative error." Mr. Garcia has been neither tried nor convicted of breaking any law. He was here legally under a withholding of removal order issued by a judge in 2019. The Executive Branch could have challenged this order in court through well-established procedures. They chose not to. Now they claim--implausibly--that they are powerless to correct their errors and that Mr. Garcia is where he deserves to be.
Circuit judges and all nine Justices of the Supreme Court have disagreed. In response, the Executive Branch issued threats about impeaching judges and defunding federal courts. Every day, White House spokespeople spread misleading, unproven, or simply false stories about Mr. Garcia and his case. The Vice President has ridiculed those who dare criticize the Administration's actions, suggesting that due process is too cumbersome an obstacle to surmount in immigration matters. Most chillingly, President Trump himself has affirmed that he is looking for ways to send "homegrown" criminals--U.S. citizens--to foreign prisons.
The Executive Branch's stance is surreal and frightening. Today the Fourth Circuit forcefully turned back yet another attempt by the White House to dodge its responsibilities. In his decision, U.S. Circuit Judge J. Harvey Wilkerson summarizes the situation well: "The government is asserting a right to stash away residents of this country in foreign prisons without the semblance of due process that is the foundation of our constitutional order. Further, it claims in essence that because it has rid itself of custody that there is nothing that can be done." Judge Wilkerson continues, "This should be shocking not only to judges, but to the intuitive sense of liberty that Americans far removed from courthouses still hold dear."
As an American "far removed from courthouses," I agree completely with Judge Wilkerson. I am shocked at the speed and ferocity of the administration's blitzkrieg attack on Constitutional norms. More than that, I'm scared. A government that can disappear anyone it wants to simply by declaring them "really bad people" is the stuff of nightmare regimes we used to fight against.
Due process for everyone protects everyone. Suspending due process for "really bad people" threatens everyone. Declaring due process too inconvenient or too time-consuming threatens everyone. Due process for all is elemental to any democratic republic worthy of the name.
At this moment, April 2025, we apparently need the other two branches of our government to reinforce that lesson to the Executive Branch and its supporters. Circuit Judges like Wilkerson are doing their part. I ask you, my Senator, to help Congress do theirs. Stand up for the democratic good of due process. Reclaim the Legislative Branch's power to check the Executive. Publicly refute suggestions that the Executive branch can ignore due process. Rebut notion that the Judiciary or Congress is bullying the Executive by expecting it to abide by Constitutional norms. Affirm--loudly and often--that you stand for our system of checks and balances, not government by royal whim.
In his conclusion, Judge Wilkerson writes, "We yet cling to the hope that it is not naïve to believe
our good brethren in the Executive Branch perceive the rule of law as vital to the American
ethos. This case presents their unique chance to vindicate that value and to summon the
best that is within us while there is still time."
I am asking you to summon the best that is within you--the best that is within America--to stand up for basic democratic rights.
Thank you.