Rep. Robert Garcia Confronts Kristi Noem on Deportation of Asylee Without Due Process

Fifth Amendment and Due Process

• ⚖️ Representative Robert Garcia questioned Secretary Kristi Noem regarding adherence to the Constitution, specifically the Fifth Amendment's due process clause.
• 🏛️ The Fifth Amendment states that no person shall be deprived of life, liberty, or property without due process of law, and the Supreme Court has affirmed this applies to aliens in removal proceedings.
• ⚠️ Garcia accused Noem and the Department of Homeland Security of violating the Fifth Amendment and breaking their oath by deporting individuals without due process.

Case of Andre Romero

• 💔 Garcia detailed the case of Andre Romero, an openly gay asylee who had an appointment to claim asylum in the U.S. and passed a credible fear interview.
• ⛓️ Despite following legal procedures, Romero was reportedly deported to a dangerous prison in El Salvador without due process.
• ❓ Romero's family has had no access to lawyers or family for over a month, and they are seeking a proof of life for him.
• 🗣️ Garcia urged Noem to commit to checking on Andre's well-being, highlighting that he was given an asylum appointment by the U.S. government.

Secretary Noem's Response

• 🚫 Secretary Noem stated that the department is utilizing the tools Congress has provided to apply due process.
• 🌍 She suggested that appeals regarding Andre Romero's situation should be made to the President and government of El Salvador, as the individual is in El Salvador and it is outside her jurisdiction.
• 🤔 Garcia expressed disappointment, stating that Noem has previously indicated the ability to check on Andre's status and that her unwillingness to inquire is shameful.