Why one deportation case has legal scholars afraid for even U.S. citizens
Apr 13, 2025•12 min
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Summary
This episode discusses the case of Kilmar Abrego Garcia, who was wrongfully deported to El Salvador, and the legal implications this case has on due process and government power. Harvard Law Professor Lawrence Tribe explains how the government's actions raise concerns about the potential for indefinite detention and deportation of anyone, including U.S. citizens, without legal recourse. The episode explores the Supreme Court's involvement and the Trump administration's response, highlighting the dangers to individual liberties.Episode description
The Trump administration admitted that it wrongfully deported a man named Kilmar Abrego Garcia.
It had also been arguing that courts cannot compel the U.S. government to return him to this country.
The U.S. Supreme Court has unanimously determined the government must "facilitate" his release from the El Salvador prison where he is being held, but the Department of Justice has so far only confirmed his presence at that prison.
If he is not returned to this country to face due process, people following this case point out a troubling implication: The government could potentially send anyone to a foreign prison – regardless of citizenship – with no legal recourse.
Harvard University emeritus professor of constitutional law Laurence Tribe explains his argument.
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It had also been arguing that courts cannot compel the U.S. government to return him to this country.
The U.S. Supreme Court has unanimously determined the government must "facilitate" his release from the El Salvador prison where he is being held, but the Department of Justice has so far only confirmed his presence at that prison.
If he is not returned to this country to face due process, people following this case point out a troubling implication: The government could potentially send anyone to a foreign prison – regardless of citizenship – with no legal recourse.
Harvard University emeritus professor of constitutional law Laurence Tribe explains his argument.
For sponsor-free episodes of Consider This, sign up for Consider This+ via Apple Podcasts or at plus.npr.org.
Email us at considerthis@npr.org.
See pcm.adswizz.com for information about our collection and use of personal data for sponsorship and to manage your podcast sponsorship preferences.
NPR Privacy Policy
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