As President Donald Trump secures the U.S. border and executes a high-profile deportation operation, the unconventional methods he has employed have been curbed by courts and raised legal concerns.
The Trump administration has used the 1798 Alien Enemies Act to fast-track deportations, which have been stopped by courts, has contracted with Salvadoran President Nayib Bukele to send suspected terrorists to a megaprison, and has even arrested a Wisconsin judge who tried to help an illegal immigrant avoid ICE detention.
DEMOCRATS TO REVIVE ABREGO GARCIA SPOTLIGHT WITH SENATE TRANSPARENCY VOTE
As Democrats and the American Civil Liberties Union have raced to the courts to stop deportations and demand due process for illegal immigrants, public interest in civil liberty protections has increased and given some Republicans pause.
“Do they have to be careful not to deport the wrong people or make sure everybody has their day in court? Sure! That’s kind of what the court has said,” Sen. Rand Paul (R-KY) said. “The court hadn’t really completely stopped this. The court has kind of said, you know, these people need their due process.”
The case of Kilmar Abrego Garcia, an illegal immigrant mistakenly deported to El Salvador despite a court order shielding him from returning to his home country, has thrust the issue into the national spotlight, becoming a key flashpoint in the broader clash over immigration enforcement and judicial power.
Some Republican lawmakers concede, both publicly and privately, that the Salvadoran national who lived in Maryland is entitled to due process. Still, they are wary of provoking a direct clash with the White House.
Sen. Susan Collins (R-ME), who is up for reelection next year, expressed concern over the lack of fair legal procedures in the case, noting that while the administration first acknowledged an error in sending Abrego Garcia to El Salvadar in violation of a court order, it has since appeared to reverse its position.
“To me, we have a federal judge that found that there was not due process, and that is very troubling to me,” Collins told reporters. “Initially, the administration said that a mistake was made. They seemed to have backed off that.”
“That’s why you have due process, to find out what the facts are,” she added.
Abrego Garcia entered the country illegally in 2012 and is subject to deportation, though an immigration judge in 2019 granted a withholding of his removal to his home country of El Salvador due to fear of persecution.
Trump’s team accuses Abrego Garcia of being an MS-13 gang member, and his wife has filed for protective orders against him on the grounds of domestic violence, though he was never charged.
Federal judges have sharply criticized the Trump administration’s handling of Abrego Garcia’s deportation. U.S. District Judge Paula Xinis described the deportation as “wholly lawless” and accused the administration of a “willful and bad faith refusal to comply with discovery obligations.”
Additionally, the U.S. Court of Appeals for the 4th Circuit condemned the government’s inaction, stating that officials are not permitted “to do essentially nothing” in facilitating Abrego Garcia’s return, emphasizing that due process must be upheld regardless of allegations.
Paul, the senator from Kentucky, emphasized that the Constitution guarantees due process rights to everyone living in the United States, regardless of status. However, he sidestepped questions about whether Abrego Garcia was afforded those protections.
“I’m all for due process. I’m all for the Constitution applies to everybody. But I’m not sure I can give you an answer,” Paul said, explaining he didn’t have enough information to conclude whether Abrego Garcia was denied due process.
Paul pointed out that the Trump administration maintains Abrego Garcia has already gone through two legal proceedings and would face deportation again if he reentered the U.S. from El Salvador.
“I can tell you that, by and large, I think the public is supportive of removing people who are criminals and are violent in our country,” Paul added.
New polling appears to show a growing unease with perceived executive overreach and erosion of constitutional rights. A YouGov survey in April found that nearly half of Americans believe everyone in the country, regardless of immigration status, is entitled to due process.
YouGov’s tracker of the issues that people care about the most shows a sharp increase in “civil rights and civil liberties” since Trump returned to office, with 16% of registered voter respondents saying it’s the most important issue, second only to inflation and prices at 20.7%. Meanwhile, immigration dropped to 7.6%.
In the latest survey, 90% of respondents said “civil liberties and civil rights” are important, including 60% who said very important. At the start of Trump’s term, 88% said it was important, and 54% said it was very important.
Separate polls by AP-NORC and the Washington Post also reveal that majorities of Americans think the federal government is overstepping its authority, with many worried about threats to free speech, press freedoms, and legal protections.
Recent polling has raised alarm among some Republican lawmakers, who are increasingly uneasy about the administration’s escalating clashes with the judiciary, although they are hesitant to speak up about it publicly.
“I think this should be a sign that the administration should proceed with caution moving forward. We’ve seen it is not popular with some voters, even though it is with some of our base,” said an adviser to a GOP senator, speaking on the condition of anonymity.
The adviser pointed to the number of border crossings, which has plummeted in recent months to just 7,200, recorded by U.S. Customs and Border Protection in March, making the case that Trump should focus on the economy.
“The president has done his job with shutting down the border. The numbers are remarkable. Now it’s time for him to turn his focus on the issues that the voters want him to tackle, like improving the economy,” the person said.
Top Republicans, including Senate Majority Leader John Thune (R-SD), have called on Trump to recognize the judiciary’s equal standing under the Constitution and to comply with its decisions.
Sen. Mike Rounds (R-SD) said many people support the president’s tough immigration stance because they see it as a way to stay safe but that they also expect him to follow legal boundaries and respect whatever the courts decide.
“Here’s what I believe the perception is right now. No. 1, they want America to be safe. They think that the president is protecting them by getting folks that should not have been here in the first place out of the country, and so they’re willing to give him leeway on that,” Rounds said, speaking to the Washington Examiner.
“The second part is they want him to do it according to the law. And if there is a question in the law, we have to determine what the law is. The courts will make that determination. I fully expect that the president will adhere to what the court decisions are,” he added.
The majority of congressional Republicans are brushing off the polls and portraying Democrats’ support for Abrego Garcia as proof that they prioritize the rights of illegal immigrants over the safety of U.S. citizens.
“I have yet to run into a person, I’m sure they exist in my district, who thinks that an MS-13 gang member should actually come back to Maryland,” Rep. Andy Harris (R-MD) said. “He is an MS-13 gang member. MS-13 is a foreign terrorist organization. Therefore, he has no right; he has no immigration rights at all.”
Harris said the reason the threat of immigration has dropped in concern is that Trump fixed the problem.
“America is not worried about [immigration] anymore, because the president did exactly what he did,” Harris said. “He shut down the border.”
GOP strategist Dennis Lennox argued that Republicans won’t be punished for backing tough deportation policies but could face political backlash if they fail to deliver on Trump’s agenda.
“No Republican is going to lose a midterm election on deporting gangbangers,” Lennox said. “They will lose the election if Republicans on Capitol Hill don’t start passing what President Trump and Republicans ran on last year.”
Late last week, federal agents arrested Milwaukee County Judge Hannah Dugan on charges of obstructing justice after she allegedly helped an undocumented immigrant exit her courtroom through a side door to avoid Immigration and Customs Enforcement. FBI Director Kash Patel drew attention to the arrest by posting a photo of Dugan in handcuffs.
No one is above the law pic.twitter.com/TSrQ4GNMdA
— FBI Director Kash Patel (@FBIDirectorKash) April 26, 2025
Republican lawmakers argue the judge may have obstructed an immigration enforcement effort and possibly violated the law, but some admitted the image of federal agents arresting a local judge was unsettling.
“I’m not sure why they did it the way that they did it,” Rounds said. “But if she was in violation of a federal law, then she is subject to arrest like anyone else.”
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Senate Democrats are seizing on recent polls to claim the political tide is turning, arguing the data show their message is resonating — and that the public is increasingly rejecting Trump’s agenda.
Senate Minority Leader Chuck Schumer (D-NY) argued that voters are strongly invested in defending the country’s democratic values.
“When you look at the polling data, Americans care deeply about this issue,” he said. “Americans’ foundation and love of democracy is deep, and they understand that Trump is violating that due process when you take people without any due process, without any acknowledgement and publication of what they did wrong, and refuse to allow it to go to a court with an impartial judge and let the public hear it. You are trampling on what America is all about, and the American people realize it.”
Sen. Chris Van Hollen (D-MD) said he’s had numerous conversations with GOP colleagues who have voiced concerns privately about due process protections.
“I have had conversations with GOP colleagues who have expressed real misgivings about Donald Trump’s violation of constitutional due process rights — I’ve heard that from a number of Republican senators,” said Van Hollen, who traveled to El Salvador to visit Abrego Garcia.
“The public overwhelmingly supports making sure we protect due process rights for people who reside in America. That is very clear from the response that we’re seeing in these public surveys,” he added.
Marisa Schultz contributed to this report.