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The news waves are buzzing with reports of summary deportations with a mixed reaction of angst and anger on the on hand and zeal on the other hand. Social media is overtaken by the reports and the opposite reactions in a vortex of swirling vitriol.

I am as guilty as the next person of the desire to post knee-jerk reactions, I realize we need cooler heads to prevail if we are going to find a positive way forward as a nation.

The same swirling vortex of reaction is evident in the Church, even in the evangelical church, which is my “tribe”, and the same need for cooler heads to prevail exists. We also need biblical grounding and direction if we are going to maintain any sense of unity in Christ.

The latest news involves the visit to the White of El Salvadoran President, Nayib Bukele. The staged meeting of the two presidents comes in the wake of the mass deportation on March 15, 2025, of hundreds of men to a notorious Salvadoran prison known for its harsh and inhumane treatment of prisoners.

The deportations happened so fast that an emergency motion filed in court and an emergency order blocking the deportation came too late as the plane rushed off the runway just as the order was handed down. The White House maintained that every one of the several hundred men were violent criminals, though about half of them had no criminal records, and none of them received even a cursory hearing.

On April 10, 2025, the matter made its way up to the US Supreme Court in lightning fast fashion (for the court system), and the Court weighed in. (See Kristi Noem, Secretary, Department of Homeland Security, et al. v. Kilmar Armando Abrego Garcia, et al.) The appeal was prosecuted by the government to overturn the trial court injunction to block the deportation.

Homeland Security insisted to the trial judge that the plane had already left the runway when the order was issued. According to the Supreme Court, however, “The United States acknowledges that Abrego Garcia was subject to a withholding order forbidding his removal to El Salvador, and that the removal to El Salvador was therefore illegal,” suggesting that the order was in place before the plane took off.

The court found further that “[t]he United States represents that the removal to El Salvador was the result of an ‘administrative error.’” Thus, Homeland Security admits they made a mistake in deporting him. One of the reasons for “due process, which I will get into, is to avoid such mistakes.

Nevertheless, Homeland Security justifies the action taken by claiming that Abrego Garcia “has been found to be a member of the gang MS–13, a designated foreign terrorist organization, and that his return to the United States would pose a threat to the public.” They maintain they have done nothing wrong.

The subject of this post is due process, so I will ignore some of the other elements of this case, such as the Supreme Court’s affirmation of the order to facilitate the return of Abrego Garcia, the fact that the decision was 9-0, and Donald Trump’s insistence this was a victory for him (perhaps because he got away with it with no repercussions – yet).

While the Supreme Court remanded the matter back to the trial court for clarification, the Court did weigh in on the substance of the issues in various ways. The Supreme Court said:

• “The order properly requires the Government to “facilitate” Abrego Garcia’s release from custody in El Salvador and to ensure that his case is handled as it would have been had he not been improperly sent to El Salvador.”
• “To this day, the Government has cited no basis in law for Abrego Garcia’s warrantless arrest, his removal to El Salvador, or his confinement in a Salvadoran prison. Nor could it.”
• The government is bound by a 2019 order effectively granting Abrego Garcia legal refugee status in the United States.
• “Instead of hastening to correct its egregious error, the Government dismissed it as an ‘oversight.’”
• The government’s request to be able to allow them to leave Abrego Garcia in El Salvador is based on “no reason recognized by the law.”
• “The only argument the Government offers in support of its request, that United States courts cannot grant relief once a deportee crosses the border, is plainly wrong.”
• “[T]he Government must comply with its obligation to provide Abrego Garcia with ‘due process of law,’ including notice and an opportunity to be heard, in any future proceedings.”
• “Federal law governing detention and removal of immigrants continues, of course, to be binding as well. See 8 U. S. C. §1226(a) (requiring a warrant before a noncitizen ‘may be arrested and detained pending a decision” on removal)….”
• “In the proceedings on remand, the District Court should continue to ensure that the Government lives up to its obligations to follow the law.”

These are direct quotes from the Supreme Court ruling. As you should be able to discern easily, this is not a victory for the Trump Administration, and it is not a vindication of what they have done (and continue to do) in detaining, arresting, imprisoning and deporting people without due process.

The heart of due process is fairness, which is an integral aspect of justice. It militates against the arbitrary exercise of governmental power. It is a check on prosecutor bias, human error, and a vigilante attitude by requiring the government to prove its case before a neutral arbiter (judge or jury). Basic Due Process involves the following:

1. Notice: Individuals must be informed of any legal action or proceeding against them. (U.S. Constitution, 5th Amendment; Mullane v. Central Hanover Bank & Trust Co., 339 U.S. 306 (1950))
2. Opportunity to be Heard: Individuals have the right to present their case before a neutral decision-maker. (Goldberg v. Kelly, 397 U.S. 254 (1970))
3. Impartial Decision-Maker: The decision-maker must be unbiased and impartial. (Ward v. Village of Monroeville, 409 U.S. 57 (1972))
4. Fair Trial: The proceedings must be fair and just, with adequate legal representation if necessary. (Gideon v. Wainwright, 372 U.S. 335 (1963))

Any first year law student knows this stuff. It is the basic structure of American jurisprudence. It is inviolable. Without it, our system would collapse and fall apart.

More importantly, due process grows out of the basic values that have made the American experiment in democracy so successful. It is the most fundamental rule of law in our country.

The 5th Amendment to the US Constitution provides, in pertinent part that “[n]o person shall be … deprived of life, liberty, or property, without due process of law….” Significantly, the 5th Amendment is not limited in its scope: “no person” means, literally, no person. It is not limited to citizens, or even legal aliens. It applies to everyone.

The 4th Amendment is closely related to due process. It provides:

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 body of caselaw that has developed over last 200 years defines the parameters of these 4th Amendment protections in detail. Again, it applies to “people” without limitation. These things are fundamental and inviolable in our system of law.

All of these “sacred” protections have been violated in the actions taken by Homeland Security under the current administration. When the men were deported to El Salvador in a race to beat the court order, ICE did not obtain warrants, and ICE did not prove probable cause to detain these men and arrest them.

ICE did not give them any notice or any opportunity to be heard in front of a neutral and fair tribunal. No determinations were made by an impartial decision-maker, and there was no trial – let alone a fair trial – in which the government was required to prove its case.

It’s hard to describe as an attorney to people who have not spent decades in the practice of law how radically Homeland Security has violated some of the most important and bedrock principles of the law in doing what they did with the men who were sent to the Center for Terrorism Confinement, the Centro de Confinamiento del Terrorismo (CECOT) in Tecoluca, El Salvador. It is shocking.

To make matters so much worse, the CECOT is known for its human rights violations. Reports from people detained there include the following:

• “One of the people we spoke with was an 18-year-old construction worker who said that police beat prison newcomers with batons for an hour. He said that when he denied being a gang member, they sent him to a dark basement cell with 320 detainees, where prison guards and other detainees beat him every day.””
• “Another detainee we interviewed was held for two days in a police lock-up with capacity for 25 people, but he said that when he arrived, there were over 75 prisoners. He slept on the floor next to “the bathroom,” a hole in the ground that smelled ‘terrible.’” He was waterboarded and plunged into ice water.
• “Former detainees often describe filthy and disease-ridden prisons. Doctors who visited detention sites told us that tuberculosis, fungal infections, scabies, severe malnutrition and chronic digestive issues were common” often without any medical attention.
• People who die there are buried in mass graves with no information provided to the families.

The 8th Amendment prohibits cruel and unusual punishment and methods of punishment that are barbaric and degrading to human dignity. No prison in the United States could operate the way CECOT does, and sending prisoners to CECOT from the United States is no different then sending them to a prison in the US that operates the same way. It is patently a violation of our Constitution.

When we treat people with a lack of human dignity, we lack human dignity ourselves. For a Christian, supporting and defending these actions is untenable. Jesus said we will be shown mercy as we show mercy to others (Matt. 5:7); we will be forgiven as we forgive others (Matt. 6:15); and we will be judged as we judge others. (Matt. 7:2)

“[J]udgment without mercy will be shown to anyone who has not been merciful. Mercy triumphs over judgment.”

James 2:13

All of these things flow from the commandment to love others as we love ourselves, to treat others as we would want to be treated, and to honor the image of God in other people. Lest we think these instructions do not apply even to criminals, including murders and rapists, Jesus said that we must love even our enemies.

God established governmental authority to maintain order and justice and to protect people from those who would do them harm, but God cares about the way that justice is done. Leviticus 19:15 warns us, “Do not pervert justice.” The same chapter states the following:

“When a foreigner resides among you in your land, do not mistreat them. The foreigner residing among you must be treated as your native-born. Love them as yourself….”

Leviticus 19:33-34

The Prophet Zechariah said, “This is what the LORD Almighty said: ‘Administer true justice; show mercy and compassion to one another.'” (Zech. 7:9) True justice means showing mercy and compassion!

The prophet Micah echoes Zechariah with these words: “He has shown you, O mortal, what is good. And what does the LORD require of you? To act justly and to love mercy and to walk humbly with your God.” (Micah 6:8) Acting justly cannot be divorced from loving mercy. Justice without loving mercy is not justice.

The prophet Hosea says, “But you must return to your God; maintain love and justice, and wait for your God always.” (Hosea 12:6) Love and justice must be maintained together. God is the judge, and He will ultimately judge you and all people.

By the measure you judge, you will be judged. (Matt. 7:2)

According to the mercy you show others, mercy will be shown to you. (Matt. 5:7)

We need to think about that before we support and defend anyone who violates the image of God in other people. As Jesus said, it is easy to love people who love you; even the pagans do that. (Matt. 5:46-47) It’s hard to be loving and merciful towards people we think don’t deserve it.

We don’t do it because they deserve it; we do it because God commands us to do it. We do it because all people bear the stamp of God’s image. We do it because God loves us and shows mercy to us.

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POSTSCRIPT

I cannot end without a follow up comment. The President of each country met in the White House recently, looked each other in the eyes, and claimed (with a wink to each other) that their hands were tied: neither of them could arrange for the return of Abrego Garcia. At the same time, the two of them joked about filling El Salvadoran prisons with “homegrown” US criminals in the future.