Former judge Andrew Napolitano told Newsmax on Thursday that the Trump administration could have avoided a judge’s ruling that Kilmar Abrego Garcia is “entitled” to a trial if their attorneys had cited “another statute that doesn’t require due process” instead of the Alien Enemies Act.

The judge presiding over the case, U.S. District Judge Paula Xinis, last month ruled that Garcia is “not a gang member” and is “not deportable” despite the administration’s decision to deport him to a prison in El Salvador.

Napolitano said on “National Report” that whether or not Garcia is a member of the gang MS-13, he is “entitled to fairness and due process, meaning a trial,” according to the court’s ruling because the Trump administration cited the Alien Enemies Act when deporting him and not “another statute that doesn’t require due process.”

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