Last month, Garcia was deported to the high-security facility known as the ‘Terrorism Confinement Center’ (CECOT) in El Salvador. The ruling from the appeals court permits the lower court’s order to remain in effect for the time being.
This case involves Abrego Garcia, a deported individual from Maryland, whose return was mandated by a district judge in light of a recent Supreme Court decision. The Department of Justice had requested that the U.S. Court of Appeals for the Fourth Circuit overturn this order, but the court chose not to grant that request.
The panel of three judges included Judge Harvie Wilkinson, appointed by Reagan, Judge Robert King, appointed by President Bill Clinton, and Judge Stephanie Thacker, appointed by President Barack Obama. In the court’s opinion, Judge Wilkinson consistently referred to Abrego Garcia as a ‘resident,’ despite the fact that he is not a lawful resident of the United States, as reported by Fox News.
Wilkinson stated, ‘The government is claiming the authority to detain citizens of this nation in overseas prisons without the due process that underpins our constitutional framework. This should be alarming not only to judges but also to the fundamental sense of freedom that Americans, even those distant from the legal system, cherish.’
Court documents and police records indicate that Abrego Garcia has a recorded history of domestic violence, which includes several incidents of physically assaulting his spouse. Furthermore, the Department of Homeland Security (DHS) has recognized him as a member of the MS-13 gang, known by the alias ‘Chele,’ as reported by Fox.
The court deemed the DOJ’s request as both ‘extraordinary and premature,’ asserting that it would refrain from intervening in the district judge’s attempts to enforce the Supreme Court’s ruling. Attorney General Pam Bondi reiterated that Abrego Garcia would not be allowed to return to the U.S. unless El Salvador opted to release him. ‘He is not returning to our nation,’ she stated earlier this week.
On Monday, Trump adviser Stephen Miller participated in a heated exchange with Fox News anchor Bill Hemmer concerning the Supreme Court’s ruling on Abrego Garcia, labeling it a significant ‘victory’ for the administration and providing further clarification on points that have not received extensive coverage.
Miller asserted that the assertion regarding Abrego Garcia’s wrongful deportation stemmed from a former Justice Department employee, who has since been dismissed, and who, he pointed out, was affiliated with the Democratic Party, in order to clarify the facts.
He was not inadvertently sent to El Salvador; rather, he is an undocumented immigrant from El Salvador. In 2019, he received a deportation order, which is a final removal directive from the United States. These facts are undisputed. What is his country of origin? El Salvador. What is his status as a resident and citizen? El Salvador. Is he residing here unlawfully? Yes. Does he possess a deportation order? Yes, Miller elaborated.
A Department of Justice attorney, who has been dismissed from their position, a saboteur affiliated with the Democratic Party, erroneously stated in a filing that this was an incorrect termination. This assertion is false. The appropriate individual was assigned to the correct role, as he further clarified.