The White House’s attempt to halt proceedings in the case of mistakenly deported immigrant Kilmar Abrego Garcia was smacked down by a three-judge panel on the U.S. Court of Appeals for the Fourth Circuit, in a blistering ruling Thursday.
“It is difficult in some cases to get to the very heart of the matter. But in this case, it is not hard at all. The government is asserting a right to stash away residents of this country in foreign prisons without the semblance of due process that is the foundation of our constitutional order,” the panel wrote in its ruling. “Further, it claims in essence that because it has rid itself of custody that there is nothing that can be done.
“This should be shocking not only to judges, but to the intuitive sense of liberty that Americans far removed from courthouses still hold dear,” the ruling concluded.
On Wednesday, the Trump administration appealed a court order from U.S. District Court Judge Paula Xinis in Maryland ordering the government to go through an expedited discovery process, allowing Abrego Garcia’s lawyers to question officials and make requests for documents about what federal officials are actually doing to return Abrego Garcia to the U.S. In an unusually quick turnaround, the Fourth Circuit issued its ruling the next day,
Abrego Garcia was deported to El Salvador despite a 2019 immigration court ruling barring his removal from the United States, and the government has already admitted in court that his removal was an “administrative error.” The Supreme Court has ruled that the federal government has to “facilitate” his return to the U.S., but the Trump administration has stonewalled, calling Abrego Garcia everything from a gang member to the equivalent of Osama bin Laden.
Now the Trump administration has the option of appealing the ruling to the Supreme Court. But since they’re already ignoring one ruling from the high court, what do they expect if the ruling doesn’t go their way? The easiest way to make the case of Abrego Garcia go away is to follow the law and return him from the El Salvador gulag where he is being held.
Read the Fourth Circuit’s ruling here.
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