The United States Constitution was written in 1788 and has been in operation since 1789. A key principle of the document is the Writ of Habeas Corpus.
In the words of the American Civil Liberties Union (ACLU), “habeas corpus is a centuries-old legal procedure that protects against unlawful and indefinite imprisonment. It is a right that is even older than the United States.”
According to Article I, Section 9 of the Constitution, “The privilege of the Writ of Habeas Corpus shall not be suspended, unless when in Cases of Rebellion or Invasion the public Safety may require it.”
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At this time, the United States is not being invaded or experiencing a rebellion, however in March 2025, Kilmar Armando Abrego Garcia, who is married to a U.S. citizen and is the father of three children, was arrested and sent to a prison in El Salvador.
In April, the federal Supreme Court – established by the Constitution and known as the “judicial branch” of government – ordered Abrego Garcia returned to the U.S. However, Abrego Garcia has not been returned.
On April 14. President Donald Trump said he would not order his government to bring Abrego Garcia back to the U.S.; Abrego Garcia remains in prison in El Salvador.
Critics accuse Trump of flouting the rule of law, the principle of habeas corpus, and the U.S. Constitution.
On April 15, well-respected historian Timothy Snyder noted that if habeas corpus “does not hold, then nothing else does. If we have the law, then violence may not be committed by one person against another on the basis of name calling or strong feelings. This applies to everyone, above all to the president, whose constitutional function is to enforce the laws.”
