Continuing concern for our democratic republic has left me again looking back at the world’s first democracy in Athens. Athen’s democracy for a time was suspended by wealthy oligarchs. We can never let that happen here.
The wealthy oligarchs who took over Athens’ democracy in 415 BC claimed they were merely “suspending” the Athenian constitution for the “emergency” of a war with Sparta. In fact, it was a coup. Like all authoritarians, their violence increased. At first the oligarchs asserted control by arresting and imprisoning citizens without process of law. Later they took to murdering critics, and dumping their bodies on the streets of Athens as a warning for others to stay silent.
A hallmark of the American justice system to prevent such injustices is the due process clause of the Fifth Amendment applicable to the Federal Government. Due process is the guarantee the government cannot deprive a person of life, liberty or property without a hearing before a judge and an opportunity to challenge charges on the merits. Due process cannot be suspended on a claim of emergency, the excuse by autocrats. Due process is a constitutional guarantee. It ensures we need not live in fear of government the way Athenians did daily under the oligarchs.
In the United States due process is equally applicable to anyone on US soil, citizen or noncitizen. If the government seeks to deport a person from US soil, the Supreme Court has held, in an opinion written by conservative Justice Antonin Scalia, the requirement of Fifth Amendment due process applies to citizens and noncitizens alike (Reno v. Flores (1993). In this country we simply do not deprive persons of their rights without due process of law because we live by the rule of law—period!
In the now famous case of Abrego Garcia, the Trump administration in March 2025 removed Mr. Garcia, who was not under investigation for any crime, to the notorious CECOT (Terrorism Confinement Center) mega-prison in El Salvador (run by El Salvador with $6M in Trump administration funding). Mr. Garcia had entered the US without papers and was picked up by Immigration Customs Enforcement (ICE). However, since he had fled extortion and death threats by gangs in El Salvador, he was granted a release under supervision under a federal statute preventing removal for aliens fleeing life threatening persecution. He became a sheet metal worker in Maryland, married, had a son, had no criminal record, and lived in peace for 15 years. Then on March 15, 2025, he was arrested again by ICE, removed to El Salvador, and thrown into the harsh conditions of CECOT where he remained for two months.
There had been no due process hearing for his removal of any kind, admittedly due to an “administrative error.” The Supreme Court of the United States held that his deportation had been illegal and ordered the Trump Administration to “facilitate” his return. There was a substantial delay while it appeared the Administration was ignoring the Supreme Court’s order. In the meantime, the Administration doubled down, having Mr. Garcia indicted on alleged immigrant smuggling charges. When the Administration finally had him returned to the US, it immediately arrested him.
Administration officials publicly accused Mr. Garcia of being a gang member. To date, the administration has presented no evidence for its assertions to a court of law. US District Court Judge Waverly Crenshaw of Nashville, Tennessee on October 3, 2025, held that the “timeline suggests that Albergo’s prosecution may stem from retaliation by the DOJ and DHS due to Abrego’s successful challenge of his unlawful deportation.” Further, the Court found “Abrego has demonstrated that the reasonableness of his criminal prosecution may likely be vindictiveness.” Finally, the Court found since Mr. Garcia has shown “some of the evidence against him may be vindictive,” the burden is now shifted to the government to show in an evidentiary hearing it has real evidence for his continued detention.
We’ll see how the hearings turn out. If the government cannot rebut the presumption in an evidentiary hearing before the court, Mr. Garcia will be free to go. Then he could resume his employment with the sheet metal company where he has the support of his union, and rejoin his wife and son, both of whom are American citizens.
It took court intervention to stop the arbitrary deprivation of Mr. Garcia’s liberty without due process. The unlawful actions were taken apparently for demagogic effect—all too reminiscent of the arbitrary, lawless deprivations of liberty by the oligarchs who took over Athens. The oligarchs ruled Athens until Athenians took strong action to reestablish their democracy. Arbitrary action by government without due process of law—in ancient times or modern—is tyranny.
Robert P. Wise is a Northsider.
