Thursday saw a federal appeals court uphold its decision requiring the Trump administration to return a Salvadoran man who was living in Maryland and was deported to his home country.
A unanimous decision from the Fourth Circuit Court of Appeals highlights the ongoing legal confrontation between the courts and the executive branch about the deportation case of Kilmar Armando Ábrego García, who was sent to El Salvador due to an “administrative error.”
READ: “Judges Ruled He Was MS-13”: AG Pam Bondi Defends Salvadoran’s Deportation
The U.S. government has accused Ábrego García from El Salvador of being an MS-13 gang member but has not brought any gang-related charges against him.
Multiple court orders have been ignored by the Trump administration which continues to prevent Ábrego García from returning from a notorious prison in El Salvador despite admitting to an administrative error.
The Fourth Circuit confirmed that U.S. District Judge Paula Xinis’ rulings determine Ábrego García’s repatriation process. The appeals court denounced the government’s position by claiming that the administration claims authority to imprison ‘U.S. residents’ in foreign jails without basic due process protections, which underpin our constitutional system.
The judgment highlighted the court’s acknowledgment of executive authority while maintaining its duty to enforce Supreme Court rulings. The Supreme Court announced last week that the U.S. is required to “facilitate” the release of Ábrego García.
The Trump administration maintains that “facilitate” means the U.S. should only help El Salvador with Ábrego García’s return if El Salvador starts the process.
According to the appeals court, “‘Facilitate’ functions as an active verb which mandates action.” The Supreme Court has emphasized that this active verb demands specific actions to be performed.
Through Secretary of Homeland Security Kristi Noem, the administration requested a temporary stop to the lower court’s rulings because they argued judicial bodies cannot command the executive branch to undertake particular diplomatic measures.
READ: President Of El Salvador Says He Won’t Return Deported Kilmar Armando Abrego Garcia To U.S.
Although courts could mandate the elimination of domestic obstacles to allow Ábrego García to return, they could not force a foreign country to take any specific action.
President Nayib Bukele of El Salvador added complexity to the situation by announcing he will not send Ábrego García back to the U.S. while also refusing to release him in El Salvador.
The Fourth Circuit Court of Appeals affirmed the judicial branch’s duty to uphold due process and enforce Supreme Court decisions despite government claims about powers separation.
The court acknowledged the Executive’s strong claim to Article II powers but expressed its intention to avoid overseeing the work of an accomplished district judge executing the Supreme Court’s new decision.
The latest court decision intensifies pressure on the Trump administration to correct its recognized mistake by returning Kilmar Armando Ábrego García to U.S. soil. The executive branch continues to challenge judicial actions thereby keeping this legal saga unresolved.
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