No, it’s not disputed - even Garcia’s attorneys wouldn’t be able to dispute that. The point of the whole thing is according to the U.S. Constitution, Garcia IS afforded due process. The Fifth Amendment spells it out. It’s RIGHT there. What ultimately becomes of Garcia’s case would be determined in court. That’s how it’s s’posed to work.
“It is not disputed that Abrego Garcia entered the U.S. illegally or that the government could potentially deport him.” - NBC News
https://www.nbcnews.com/news/amp/rcna204580