Democrats Face Heat Over Due Process Stance in Abrego Garcia Case

Democrats are under fire for championing due process rights for Kilmar Abrego Garcia, a suspected MS-13 member and illegal immigrant, while many accuse the party of previously sidestepping the same principle when it came to their political opponents.

Leading up to the 2024 election and during Donald Trump’s presidency, several prominent Democrats made no secret of their desire to see Trump behind bars long before any criminal conviction. Rep. Maxine Waters once declared he should be imprisoned and isolated, while former House Speaker Nancy Pelosi reportedly said she preferred to see Trump in prison rather than impeached.

The party also insisted that January 6 defendants were receiving fair treatment and due process, despite Republicans—and plenty of headlines—raising alarms about the conditions of their detention. Rep. Jasmine Crockett downplayed concerns about their jail conditions, saying that complaints seemed to revolve around iPad privileges rather than serious issues. Meanwhile, Senate Majority Leader Chuck Schumer called for zero leniency and swift prosecution for those involved in the January 6 riot.

Rep. Hakeem Jeffries didn’t hold back either, calling for Kyle Rittenhouse to be jailed during his trial for homicide related to the Kenosha riots. Of course, Rittenhouse was later acquitted—awkward, anyone?

When it came to the confirmation of Justice Brett Kavanaugh, Democrats amplified sexual assault allegations before any thorough investigation was conducted. Sen. Mazie Hirono argued that Kavanaugh’s presumption of innocence and right to due process shouldn’t apply, based on her skepticism of his overall credibility and judicial philosophy.

Fast forward to 2025, and the script has flipped. With Abrego Garcia deported to El Salvador—and facing serious accusations of gang activity—Democrats like Rep. Maxine Waters and Sen. Chris Van Hollen have become vocal about the importance of due process and legal protections. Waters warned President Trump that failing to protect Garcia’s rights not only endangers his life but also violates the rule of law. Van Hollen even traveled to El Salvador to meet Garcia in person, earning a sharp rebuke from the White House.

The political whiplash has not gone unnoticed. Critics and social media commentators have called out what they see as hypocrisy, pointing to the millions of migrants who entered the U.S. under President Biden without much concern for legal process, or the aggressive pursuit of Trump, Rittenhouse, and Kavanaugh without the same due process rhetoric.

As the debate rages, some conservative voices have accused Democrats of only caring about constitutional rights when it suits their political interests. Others suggest that the party’s shifting standards on due process are less about principle and more about convenience.

The conversation around due process is unlikely to cool off anytime soon, especially as both parties keep finding themselves trading places in the courtroom of public opinion.