Ignoring SCOTUS
Movement in Abrego Garcia case: Yesterday, a panel of judges with the 4th Circuit Court of Appeals rejected the administration’s attempts to stay a court order that would have released Kilmar Abrego Garcia from El Salvador’s Terrorism Confinement Center (CECOT).
“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,” writes Reason‘s C.J. Ciaramella. “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.”
Note too that Salvadoran President Nayib Bukele was in the Oval Office on Monday, so it’s not like Trump has no contact or sway with the foreign power holding Abrego Garcia in its custody.
“The federal courts do not have the authority to press-gang the President or his agents into taking any particular act of diplomacy,” the Trump administration argued, requesting an emergency stay from the 4th Circuit, which did not find its arguments compelling.
“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,” writes Judge J. Harvie Wilkinson, who was appointed under President Ronald Reagan, in yesterday’s 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 government asserts that Abrego Garcia is a terrorist and a member of MS-13. Perhaps, but perhaps not,” continues Wilkinson. “Regardless, he is still entitled to due process. If the government is confident of its position, it should be assured that position will prevail in proceedings to terminate the withholding of removal order. See 8 C.F.R. § 208.24(f) (requiring that the government prove ‘by a preponderance of evidence’ that the alien is no longer entitled to a withholding of removal). Moreover, the government has conceded that Abrego Garcia was wrongly or ‘mistakenly’ deported. Why then should it not make what was wrong, right?”
Wilkinson then takes issue with how the Trump administration has responded to the Supreme Court’s demand that it “facilitate” the return of Abrego Garcia: “‘Faci
Article from Reason.com
The Reason Magazine website is a go-to destination for libertarians seeking cogent analysis, investigative reporting, and thought-provoking commentary. Championing the principles of individual freedom, limited government, and free markets, the site offers a diverse range of articles, videos, and podcasts that challenge conventional wisdom and advocate for libertarian solutions. Whether you’re interested in politics, culture, or technology, Reason provides a unique lens that prioritizes liberty and rational discourse. It’s an essential resource for those who value critical thinking and nuanced debate in the pursuit of a freer society.
