Kilmar Abrago Garcia was deported mistakenly by the Trump administration, an “administrative error” that has ignited a fierce debate. As a staunch conservative, I believe my side has this one wrong, and here’s why.

The mistake is reversible.  This is really all we need to know.  With a phone call, President Trump could have Garcia back on US soil in hours.  If you doubt the president’s ability to act swiftly, consider the executive branch’s recent displays of broad authority and Trump’s propensity to conspicuously display his power.

Despite the administration’s admission of error, Garcia’s detractors justify his deportation by pointing to these unproven allegations:

1. Garcia is alleged to be a gang member, but without proof or arrest.
2. He was accused of domestic violence yet his wife defends him and he was never charged or arrested.
3. Garcia’s detractors point to an incident where he was driving 8-men from Tennessee to Maryland, accusing him of human trafficking.  He explained to Tennessee State police during a traffic stop that he was transporting the men for a construction job and he was allowed to continue and no arrests were made.
4. Allegations of tattoos on Garcia’s hands indicating MS-13 gang membership have been widely debunked as digitally manipulated. 

Tampering with evidence regarding Garcia’s alleged tattoos is a federal felony, apparently perpetrated by our own government.  This alone should scare the hell out of every American.  The desperate need for the government to resort to such tactics demonstrates their lack of factual evidence.

Garcia has been in this country since 2011 and although he did enter illegally as a sixteen-year-old fearing for his life had he remained in El Salvador, a federal judge granted a “withholding of removal” order which allows him to live and work in the US legally.  To that effect, he has continually met his obligation to report to Immigration & Customs Enforcement annually.  Garcia is married to a US citizen and together they have three-children, all with special needs.  He is also a journeymen member of a US trade union.

He might hate apple pie and the forth of July but none of that matters to the issue at hand.  The man was illegally seized, deported and imprisoned and those on the right are inflaming the situation by fear-mongering with phrases like “MS-13”, “human-trafficker”, “domestic abuser” and “gang-member”, all unproven and unsubstantiated allegations that are dog-whistle code-speech meant to indict by vilification in the court of public opinion.

In an April 10, 2025 unanimous order of the US Supreme Court in Noem v. Garcia the justices said this, in part, regarding the return of Garcia to the US:

“The Government now requests an order from this Court permitting it to leave Abrego Garcia, a husband and father without a criminal record, in a Salvadoran prison for 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.  The Government’s argument, moreover, implies that it could deport and incarcerate any person, including U.S. citizens, without legal consequence, so long as it does so before a court can intervene.  That view refutes itself.”

Those of us on the right pride ourselves on being a “Nation of Laws” however, conservative consensus on this matter suggests otherwise and instead demonstrates the unreasonable concept of the ends justifying the means.  I understand the desire for strict immigration enforcement, especially amid concerns about crime, but Garcia’s case shows how overreach undermines the commitment to due process.  Conservatives pride ourselves on actually defending the rule of law. Let’s demonstrate that by bringing Garcia back, giving him his day in court, and showing the world that our principles aren’t just words. If we can’t admit when we’re wrong, what separates us from the hypocrisy we so often criticize about the left?

The liberals got this one right and as uncharacteristic as it would be for a liberal ever to admit a mistake and side with us conservatives, we can and must admit when we are wrong.  And if ever there was an example to illustrate that, this is it.