<p>A top Republican in Congress rejected on Sunday CNN anchor Dana Bash&#8217;s assertion that Kilmar Abrego Garcia, an illegal immigrant deported from the United States and sent to prison in his home country of El Salvador, has been robbed of due process.</p>
<p>House Majority Whip Tom Emmer (R-MN) shot back after Bash began an <a href="https://www.cnn.com/2025/04/20/politics/video/sotu-majority-whip-emmer-defends-trump-handling-of-brego-garcia-deportation-case" target="_blank" rel="noopener">interview</a> on &#8220;State of the Union&#8221; by pressing the lawmaker on the case of Abrego Garcia, a 29-year-old living in Maryland who was sent back to El Salvador last month despite a 2019 court order prohibiting him from being sent back to the country.</p>
<p>&#8220;I want to start with what the core issue is here. And that is the fact that the administration detained and deported Kilmar Abrego Garcia without any due process, violated a judge&#8217;s deportation protection order, refused to provide evidence in court to back up its allegations. Does that concern you?&#8221; Bash asked.</p>
<blockquote class="twitter-tweet">
<p dir="ltr" lang="en">.<a href="https://twitter.com/GOPMajorityWhip?ref_src=twsrc%5Etfw">@GOPMajorityWhip</a>: &#8220;President Trump made it very clear — [he&#8217;s] going to get rid of the gang members, the murderers, the rapists, the terrorists &#8230; and I think they&#8217;re doing a good job of it.&#8221; <a href="https://t.co/n7U5zjan5x">pic.twitter.com/n7U5zjan5x</a></p>
<p>— Rapid Response 47 (@RapidResponse47) <a href="https://twitter.com/RapidResponse47/status/1913948030983700628?ref_src=twsrc%5Etfw">April 20, 2025</a></p></blockquote>
<p>&#8220;Actually, if you look at this, it&#8217;s very interesting when people talk about the fact that this illegal alien, who is not a resident of the U.S. — he is a citizen of El Salvador — actually did have due process in an asylum hearing, where his request for asylum was rejected,&#8221; Emmer said, noting how Abrego Garcia was granted protection from being returned to El Salvador in 2019 due to concerns about local gangs endangering him, but not asylum.</p>
<p>&#8220;The Trump administration, as part of the promise that they made during the campaign, President Trump made it very clear, I&#8217;m going to get rid of the gang members, the murderers, the rapists, the terrorists. And this is part of that process in keeping that campaign promise. And I think they&#8217;re doing a good job at it,&#8221; Emmer said.</p>
<p>Emmer was alluding to how the Trump administration <a href="https://www.dailywire.com/news/facilitate-not-effectuate-wh-responds-to-scotus-ruling-on-mistakenly-deported-salvadoran" target="_blank" rel="noopener">accuses</a> Abrego Garcia of being a member of MS-13, which has been <a href="https://www.state.gov/designation-of-international-cartels/" target="_blank" rel="noopener">designated</a> as a foreign terror organization, and has released <a href="https://www.justice.gov/ag/media/1396906/dl?inline" target="_blank" rel="noopener">documents</a> to substantiate the affiliation. Abrego Garcia&#8217;s attorneys <a href="https://www.courtlistener.com/docket/69777799/1/abrego-garcia-v-noem/" target="_blank" rel="noopener">deny</a> the claim.</p>
<p>&#8220;There&#8217;s no evidence that was provided because there was no hearing in which to do so that he is either a murderer or a criminal or a gang member,&#8221; Bash replied. &#8220;Isn&#8217;t that something that should be provided to a judge, even an immigration judge, before somebody who has been in this country illegally, no question, but has been in this country and has appeared before judges before should be afforded?&#8221;</p>
<p>Emmer responded, &#8220;Actually, I think he was afforded that due process. In this case, an illegal alien was transported back to El Salvador. The administration initially thought it was a mistake, subsequently says it was not a mistake. The courts, interestingly, have suggested that we need to understand what &#8216;facilitate&#8217; means in the order. So they have deferred back to the lower court, Dana, to tell the administration, &#8216;facilitate&#8217; means this. And what&#8217;s going on in El Salvador now is, you have a citizen of El Salvador that is within the country of El Salvador. It really isn&#8217;t the U.S.&#8217; ability to go in and remove someone. It&#8217;ll be up to the president of El Salvador.&#8221;</p>
<p>Bash later read from a federal appeals court <a href="https://storage.courtlistener.com/recap/gov.uscourts.ca4.178400/gov.uscourts.ca4.178400.8.0.pdf" target="_blank" rel="noopener">order</a> refusing to stop a judge’s demand for Trump administration officials to testify on whether they are making an effort to &#8220;facilitate&#8221; getting Garcia back, saying, &#8220;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 &#8230; This should be shocking not only to judges, but to the intuitive sense of liberty that Americans far removed from courthouses still hold dear.&#8221;</p>
<p>Asked for his response, Emmer said, &#8220;Yes, and it&#8217;s been referred to the lower court to interpret what &#8216;facilitate&#8217; means. Dana, you make it — you want to make it about a much bigger thing. This is isolated incidents like the order that was issued after midnight this morning saying that they&#8217;re going to delay some deportations so that the lower court process can continue. These will happen on a case-by-case basis. And, again, the administration is absolutely following the law. I see nothing that they have done that&#8217;s illegal. Certainly, judges may disagree here and there, but the Supreme Court has been pretty good about supporting what this administration is doing legally.&#8221;</p>

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Top Republican Takes On CNN Anchor’s Claim That Abrego Garcia Did Not Get Due Process