Appeals Court Sounds Alarm on Trump Administration’s Risks, Upholds Abrego Garcia Release Decision

In a significant ruling, a unanimous panel of the 4th Circuit Court of Appeals denied the Justice Department’s request to temporarily halt a district court’s order for the release of Kilmar Abrego Garcia. The court underscored concerns that the Trump administration’s handling of the case could lead to a broader “crisis.”

The three-judge panel’s decision was issued on Thursday, backing U.S. District Judge Paula Xinis’s recent directive requiring the Justice Department to demonstrate proactive measures in securing Abrego Garcia’s release from El Salvador’s CECOT prison. This ruling comes on the heels of a U.S. Supreme Court decision, which upheld a prior emergency order, emphasizing that the situation needs urgent attention.

The DOJ’s appeal posited that Judge Xinis was exerting undue influence on presidential diplomacy. This assertion was met with skepticism by the appellate judges. They maintained that the core issue is the government’s stance on detaining individuals without adequate due process, which runs counter to constitutional principles.

Judge J. Harvie Wilkinson III articulated the panel’s concerns sharply, stating, “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.” He further pointed out the broader implications of such actions, asserting that they would be shocking not just to the judiciary, but also to the general American ethos of liberty and justice.

Despite ongoing contention regarding Abrego Garcia’s character, including claims by the administration branding him a “foreign terrorist,” Judge Wilkinson urged the government to correct the alleged wrongful deportation. He queried why the administration would not take steps to right what it itself deemed a mistake.

In a stark warning, Wilkinson cautioned that the friction between the executive and judicial branches could potentially escalate into an irreparable conflict. He expressed concern over the present environment, wherein attacks on the judiciary could diminish both branches’ perceived legitimacy and functionality.

The ruling mandates the depositions of four government officials, aimed at clarifying actions taken to facilitate Abrego Garcia’s return. The DOJ retains the option to seek a rehearing from the full 4th Circuit or appeal to the Supreme Court for further relief.

On the same day, Maryland state delegates voiced their concerns in a letter to Secretary of State Kristi Noem, demanding verification of Abrego Garcia’s well-being. Garcia had resided in Prince George’s County for six years before his deportation.

This ruling reflects significant legal and political tensions surrounding immigration policy and the checks and balances inherent in U.S. governance. The judges involved include Wilkinson, alongside appointees from previous administrations: Robert Bruce King, and Stephanie Thacker.