Has deporting illegals become illegal?

Spectator

11-06-2025

The circus around Kilmar Armando Abrego Garcia – whose full name the New York Times likes to trot out as if citing an old-school English aristocrat – speaks volumes about the immigration battle roiling the US.
Our friend Kilmar is what we fuddy-duddies insist on calling an illegal immigrant. The Salvadoran crossed clandestinely into the US in 2012. As for what he's done since, that depends on whom you ask. According to his GoFundMe page, Kilmar is a 'husband, union worker and father of a disabled five-year-old'. Left-wing media portray 'the Maryland man' – a tag akin to Axel Rudakubana's 'a Welshman' – as an industrious metalworker devoted to his family. His wife has rowed back on the temporary protective order she once requested, claiming she'd been over-cautious. Yet according to the Trump administration, Kilmar is a member of the notoriously violent street gang MS-13 who's derived his primary source of income from smuggling hundreds of illegals over the southern border for several years. Choose A or B.
In 2019, Kilmar was arrested for loitering along with three other men, one a suspected MS-13 member. He was carrying marijuana, for which (of course) he wasn't charged. From his clothing, tattoos and, more persuasively, a 'past proven and reliable' confidential source who verified he was an active gang member using the moniker 'Chele', police adjudged that Kilmar was a gangbanger, for which (of course) he wasn't charged. He was turned over to Immigration and Customs Enforcement – whose acronym, ICE, reinforces its rep as cold-hearted – which moved to deport him. Kilmar (of course) contested his removal.
The immigration judge hearing Kilmar's case concurred that the defendant was indeed a gang member and deportable; the Salvadoran (of course) appealed the decision, which nevertheless was upheld. Kilmar (of course) then filed for asylum, as well as for a 'withholding of removal'. A subsequent immigration judge stayed his deportation to his home country, where his wellbeing might be endangered by local gangs. Now, you might suppose that putting yourself in the way of other famously rivalrous gangs would come with the territory when you join one yourself. Like, inter-gang violence seems a natural hazard of this line of work. But it's not only British immigration judges who are soft touches.
Only mass round-ups and swift group trials could effectively address the millions of gate-crashers
Kilmar (of course) remained in the US. In 2022, he was pulled over for speeding while driving eight other Hispanic men of uncertain immigration status in an SUV altered to add a third row of seats for extra passengers. The officers suspected human-trafficking; Kilmar's driving licence had expired; a run of his number plate through the database turned up a federal note on likely membership of MS-13. Yet when the patrolmen contacted the feds, ICE (of course) declined to pick him up. So Kilmar was (of course) released without charge. Even so, his claim that he was merely transporting construction workers between jobs did not, under investigation, hold up.
Fast-forward to 2025 and why this otherwise obscure Salvadoran who is or is not a thug merits such a detailed lowdown. Meaning (of course) that this case has to do with Donald Trump – whose evil minions in March flew more than 230 purported criminals to a Salvadoran prison, including none other than Kilmar, whom ICE did finally pick up (no 'of course' there). The flights' timing was judicially dodgy. The planes did or didn't take off after a federal judge ruled that the flights could not proceed until the deportees were given the opportunity to challenge their removal. The administration appealed to the Supreme Court, which directed Trump to 'facilitate' Kilmar's return to the US. Because, remember, there was only one country to which he could not be deported because of that credulous 2019 decision: his own. Hence the Justice Department's acceptance that Kilmar's deportation was an 'administrative error'.
During this proxy war with Trump, Democrats have pretended to hair-tear over poor Kilmar, mouldering away in a nasty foreign prison and deprived of due process. But the story I just laid out has due process, not to mention leniency or even dereliction on the part of the authorities, up the wazoo. Meanwhile, after slyly getting their jurisprudential ducks in a row, last week Trump and co finally got Kilmar flown back to the US, only to arrest him immediately for human-trafficking – with every intention of convicting the guy and then deporting him right back to El Salvador.
What do we make of this farce? The American commentariat has focused on a potential showdown between Trump and the judiciary, claiming to fear a flat-out executive refusal to follow court orders but secretly rather hoping that Trump does defy the courts and thus reveals himself as an unconstitutional tyrant.
I view this absurd tale through a different lens. All these trials and flights for a lone illegal alien are expensive. The amount of 'due process' the American justice system affords every single illegal makes deportation at any scale impossible. There isn't enough time and money and there aren't nearly enough judges to make any but a token gesture toward the mass deportation of illegals that Trump has promised. That amounts to a victory not just for Democrats but also for disorder.
I'd assess the odds that Kilmar is a thug at about 90 per cent. But proving membership of unofficial allegiances in court is a bastard. If every individual deportation case must be adjudicated according to exacting evidentiary rules and appeal procedures, America's drastic, undemocratic demographic change will proceed inexorably. Only mass round-ups and swift group trials could effectively address the staggering ten million gate-crashers during the Biden administration alone. What are the chances of that?
In New York at the weekend, ICE raids were impeded by LA-style crowds of righteously indignant protestors screaming: 'Let them go! Let them go!' The officers just doing their jobs looked beleaguered, tired, numb and pre-defeated. After all the ICE agents' thankless labours, what proportion of their detainees will still get to stay in the country in the end? I'll take another stab at 90 per cent.