Topline
A federal appeals court on Thursday shot down the Trump administration's latest maneuver to avoid answering questions about Kilmar Abrego Garcia, a Maryland man erroneously deported to El Salvador last month.
The appeals court issued its decision Thursday afternoon. (Photo by Win McNamee/Getty Images)
Key Facts
The 4th U.S. Circuit Court of Appeals unanimously declined to suspend District Judge Paula Xinis’ order for the Trump administration to give sworn testimony on whether they followed her directions to facilitate Abrego Garcia’s return to the U.S.
The three-judge panel said in a filing it “shall not micromanage the efforts of a fine district judge attempting to implement” the Supreme Court’s decision for the government to facilitate Abrego Garcia’s return.
The panel added the Trump administration 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,” also criticizing the government’s argument that it cannot bring back Abrego Garcia because he is under custody of a foreign, sovereign government.
The panel’s decision comes after the government argued about the semantics of the order to “facilitate” Abrego Garcia’s return, claiming facilitation would amount to simply letting Abrego Garcia into the U.S. if he manages to make it to a port of entry on his own.
The judges said the Supreme Court’s decision does not allow the Trump administration to do “essentially nothing,” noting the decision calls for the facilitation of Abrego Garcia’s release and to “ensure that his case is handled as it would have been had he not been improperly sent to El Salvador.”
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Key Background
Garcia came to the U.S. from El Salvador in 2011 and was granted withholding of removal in 2019, a temporary deportation protection allowing him to work and live in the U.S. He was deported to El Salvador over a month ago and is still detained in the country’s Terrorism Confinement Center. Trump administration officials have characterized his deportation as an “oversight” and said it was due to a “clerical error,” though it continues to push for Abrego Garcia’s detainment in El Salvador, claiming he is a member of the MS-13 gang. Xinis and the three-judge panel have addressed the allegation in their rulings. Xinis has said the government relied on a “vague, uncorroborated allegation” to accuse Abrego Garcia, while the panel has argued he is still entitled to due process whether or not he is a member of MS-13, adding if the Trump administration is confident about its allegations, “it should be assured that position will prevail in proceedings to terminate the withholding of removal order.”
Further Reading
Supreme Court Orders Trump Administration To Facilitate Return Of Mistakenly Deported Maryland Man (Forbes)
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