Federal Appeals Court Rejects Trump Administration’s Attempt To Block Return of Kilmar Abrego Garcia
Warning that the executive branch’s claims should shock “the intuitive sense of liberty” of Americans, a panel of judges for the U.S. Court of Appeals for the 4th Circuit today unanimously rejected the Trump administration’s attempts to stay a lower court order to release Kilmar Abrego Garcia from a prison camp in El Salvador.
The U.S. Supreme Court ordered the Trump administration last week to facilitate the release of Abrego Garcia, a Salvadoran man that three government officials admitted was mistakenly sent to El Salvador’s most notorious prison, along with several hundred other alleged gang members. However, the Trump administration has done nothing to comply with that order; it insists it has no power to return Abrego Garcia from another sovereign state—nor does a court have the authority to force it to do so.Â
When the federal district judge overseeing Abrego Garcia’s case attempted to enforce the Supreme Court’s order, the Trump administration requested an emergency stay from the Fourth Circuit Court.Â
Judge J. Harvie Wilkinson, a Ronald Reagan appointee to the Fourth Circuit, wrote that allowing the administration’s passive interpretation of “facilitate” would “reduce the rule of law to lawlessness and tarnish the very values for which Americans of diverse views and persuasions have always stood.
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