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President Donald Trump and President Nayib Bukele of El Salvador, April 14 in the Oval Office.
Official White House Photo by Abe McNatt.


** Due Process and the Abrego Garcia Case
------------------------------------------------------------

Recent legal cases have put the term "due process" front-and-center in the news -- in particular, the case of Kilmar Armando Abrego Garcia.

The immigrant, who was living in Maryland, was deported without a hearing to a mega prison in El Salvador in March. The Trump administration admits it was an “administrative error” to send him there, but it has stalled on bringing him back despite court orders, including one from the Supreme Court to “facilitate” Abrego Garcia's release.

This week, Staff Writer Saranac Hale Spencer explained what due process means, what rights noncitizens have regarding due process and the details of the Abrego Garcia case -- fact-checking some comments by officials along the way.

"Due process includes the opportunity to know the charges against you and to argue against them," Amy Grenier, of the American Immigration Lawyers Association, told Sara.

The Fifth and Fourteenth Amendments to the Constitution establish the right to due process — the Fifth Amendment says that “[n]o person shall … be deprived of life, liberty, or property, without due process of law.” The Fourteenth Amendment extends this obligation to the states. And the right applies to citizens and noncitizens alike.

“If due process applied only to citizens, or people who are here lawfully, yet at no point is there an opportunity to be heard or prove your case, how would a citizen prove they are a citizen prior to removal?” Grenier asked.

Some Trump administration officials, though, have suggested that there may be limits to due process, including in Abrego Garcia's case.

According to court documents, he came to the U.S. without authorization in 2012, fleeing gang violence in El Salvador. He was arrested in 2019 outside a Home Depot while looking for day laborer work, and he applied for asylum in immigration court. That request was denied, because of a one-year deadline to apply. But the judge did grant Abrego Garcia “withholding of removal,” a form of relief for migrants who fear persecution.

That designation prevents deportation to a person’s home country and allows that person the right to remain in the U.S. and work legally. When Abrego Garcia was arrested on March 12, Immigration and Customs Enforcement officers didn’t provide a warrant and “told him only that his ‘status had changed,'” according to U.S. District Court Judge Paula Xinis’ explanation of her April 4 decision that he should be returned from El Salvador.

Vice President JD Vance misrepresented the situation when he posted on X, “Because he is not a citizen, he does not get a full jury trial by peers. In other words, whatever ‘due process’ he was entitled to, he received.” It’s true that Abrego Garcia received due process after being apprehended in 2019, Sara explains, but he was not given due process before being removed from the country in March.

For more, read the full story: “Due Process and the Abrego Garcia Case ([link removed])
.”
HOW WE KNOW
When President Donald Trump claimed this week that gasoline prices had fallen dramatically since he took office and had dipped to under $2 per gallon in several states, we turned to two sources: the Energy Information Administration ([link removed]) and AAA ([link removed]) . The EIA publishes weekly figures for the national average retail gasoline prices per gallon. Those figures showed the price of gas is about the same now as it was in Trump’s first week in office. AAA posts daily average prices by state and for the nation. The lowest average price on April 24 ([link removed]) was $2.68 in Mississippi, higher than Trump's claim. The national average was $3.17. Read more: “Trump’s False Claims about Gas, Egg Prices ([link removed]) .”
FEATURED FACTS
A reader alerted us to a graphic circulating on social media that compares Donald Trump’s and Joe Biden’s economic records as president and cites FactCheck.org as the source. We didn't create it. But we did fact-check it. Some of its figures are wrong, creating a more unfavorable comparison for Trump. For instance, economic growth, or real (inflation-adjusted) gross domestic product, in Biden’s last year as president was 2.8%, not 18.8% as the graphic says. The trade deficit had increased 40.4% under Biden, according to the most recent figures, not 1.6% as the graphic claims. Read more: “Graphic Cites FactCheck.org in Misleading Biden, Trump Economy Comparison ([link removed]) .”

WORTHY OF NOTE

La Red Hispana, a Spanish-language media network and a partner of ours for almost a year, published two of our stories about measles misinformation this week, both written by SciCheck Editor Jessica McDonald.

In the first one, “El sarampión es perjudicial, al contrario de afirmaciones sobre supuestos beneficios a largo plazo, ([link removed]) ” published on April 16, Jessie debunks flimsy social media claims of long-term benefits of measles and explains how harmful this extremely contagious and vaccine-preventable disease can be (you can see our story in English here ([link removed]) ). The second one, “RFK Jr. desinforma sobre la vitamina A y terapias no respaldadas para el sarampión ([link removed]) ,” explains why Health and Human Services Secretary Robert F. Kennedy Jr.’s focus on Vitamin A and other non-standard medications for treating measles is misleading (see here
([link removed]) for the English version).

As part of our partnership, in addition to each article we include two items specifically created for La Red Hispana’s audience — a social media reel that was ([link removed]) posted ([link removed]) on FactCheck.org’s and La Red Hispana’s social media channels and an audio clip, which will air on their affiliated radio stations.

Increasing the access to accurate information about measles is extremely important in the midst of a measles outbreak, when misinformation also spreads quickly. According to a recent KFF poll ([link removed]) , a significant share of Hispanics believe false claims about measles are “definitely” or “probably true” — 43% for the false claim that vitamin A can prevent measles infections, 34% for the incorrect claim that getting the measles vaccines is more dangerous than becoming infected with measles and 30% for the repeatedly debunked claim that the measles vaccine has been proven to cause autism in children.

La Red Hispana ([link removed]) serves 40 million Latinos and Hispanics living in the U.S. with over 300 affiliated Spanish-language radio stations ([link removed]) and multiple digital channels, according to 2024 data provided by the organization.


** Wrapping Up
------------------------------------------------------------

Here's what else we've got for you this week:
Lo que publicamos en español ([link removed]) (English versions are accessible in each story):
* Trump amplía su dudosa afirmación sobre los ingresos por aranceles diarios ([link removed]) : El presidente Donald Trump ha ampliado su infundada afirmación de que Estados Unidos gana “2.000 millones de dólares al día” gracias a los aranceles, agregando que el país perdía entre 2.000 millones y 3.000 millones de dólares “al día” con el presidente Joe Biden. Economistas nos informaron que pareciera ser que Trump está erróneamente comparando una estimación muy alta, y poco probable, de los posibles ingresos diarios derivados de sus aranceles con una cifra que refleja el déficit comercial diario promedio de Estados Unidos durante el último año de mandato de Biden.

* El debido proceso y el caso Abrego García ([link removed]) : La noche del 10 de abril, la Corte Suprema dictaminó que la administración Trump debe cumplir con la orden de un tribunal inferior para “facilitar” la liberación de Kilmar Armando Abrego García, un inmigrante que fue deportado sin una audiencia a una mega prisión en El Salvador. El caso pone de relieve la cuestión del debido proceso y las protecciones legales que se otorgan a los no ciudadanos.

* Trump promueve engañosamente el carbón ‘limpio’ ([link removed]) : Al presentar una serie de órdenes ejecutivas concebidas para aumentar la generación de electricidad a partir de carbón, el presidente Donald Trump sugirió engañosamente que las regulaciones ambientales eran las culpables del declive de la industria, dijo erróneamente que se están abriendo plantas de carbón “por toda Alemania” y, engañosamente y en repetidas ocasiones, se refirió al carbón como “limpio”.

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