Conservative judge criticizes Trump administration's 'shocking' actions in Abrego Garcia case
Judge J. Harvie Wilkinson's ruling represents the most recent judicial reprimand regarding the administration's disregard for court orders.
TroibNews 
A federal appeals court on Thursday sharply criticized the Trump administration concerning the case of Kilmar Abrego Garcia, who was wrongfully deported from Maryland to a notorious prison in El Salvador.
The 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,” Judge J. Harvie Wilkinson wrote in an opinion for a panel of the 4th Circuit Court of Appeals.
“Further, it claims in essence that because it has rid itself of custody that there is nothing that can be done,” he added. “This should be shocking not only to judges, but to the intuitive sense of liberty that Americans far removed from courthouses still hold dear.”
Wilkinson, appointed by Reagan and now serving on the bench for 41 years, is recognized as one of the nation’s leading conservative appellate judges. His seven-page opinion represents the latest and most pointed judicial criticism of the Trump administration’s attempts to circumvent court orders in significant immigration matters.
Earlier this week, U.S. District Judge James Boasberg found probable cause to hold administration officials in contempt for ignoring an order to cease deportations of individuals labeled as “alien enemies.” Additionally, U.S. District Judge Paula Xinis admonished the administration for having done “nothing” to comply with her directive aimed at facilitating Abrego Garcia’s release from El Salvador.
Wilkinson, along with the other two judges on the 4th Circuit panel, dismissed the administration’s appeal against an April 10 order from Xinis that required the administration to “take all available steps” to ensure Abrego Garcia’s prompt return to the U.S.
The judge focused on the Justice Department’s acknowledgment that it had “mistakenly” deported Abrego Garcia.
“Why then should it not make what was wrong, right?” he questioned.
Abrego Garcia was detained and swiftly flown to El Salvador last month, despite a 2019 court order that prohibited his deportation due to the risk of being targeted by local gangs. The Supreme Court deemed his deportation “illegal” in a ruling that upheld Judge Xinis’ order for the U.S. to assist in his release.
However, the administration has seemingly taken no real actions to reunite him with his family. Instead, officials from the Trump administration have asserted that they possess no authority to act now that he falls under El Salvador's jurisdiction. On Tuesday, Judge Xinis mandated a thorough two-week investigation into the administration’s noncompliance.
Wilkinson expressed concerns about a troubling precedent. “If today the Executive claims the right to deport without due process and in disregard of court orders, what assurance will there be tomorrow that it will not deport American citizens and then disclaim responsibility to bring them home?” he posited.
“And what assurance shall there be that the Executive will not train its broad discretionary powers upon its political enemies?”
He also criticized the administration for its dismissive attitude toward the judiciary, citing its calls for impeachment of judges and “exhortations to disregard” court orders.
In this context, he concluded that the executive and judiciary branches appear to be “too close to grinding irrevocably against one another in a conflict that promises to diminish both. This is a losing proposition all around.”
Sophie Wagner for TROIB News
The 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,” Judge J. Harvie Wilkinson wrote in an opinion for a panel of the 4th Circuit Court of Appeals.
“Further, it claims in essence that because it has rid itself of custody that there is nothing that can be done,” he added. “This should be shocking not only to judges, but to the intuitive sense of liberty that Americans far removed from courthouses still hold dear.”
Wilkinson, appointed by Reagan and now serving on the bench for 41 years, is recognized as one of the nation’s leading conservative appellate judges. His seven-page opinion represents the latest and most pointed judicial criticism of the Trump administration’s attempts to circumvent court orders in significant immigration matters.
Earlier this week, U.S. District Judge James Boasberg found probable cause to hold administration officials in contempt for ignoring an order to cease deportations of individuals labeled as “alien enemies.” Additionally, U.S. District Judge Paula Xinis admonished the administration for having done “nothing” to comply with her directive aimed at facilitating Abrego Garcia’s release from El Salvador.
Wilkinson, along with the other two judges on the 4th Circuit panel, dismissed the administration’s appeal against an April 10 order from Xinis that required the administration to “take all available steps” to ensure Abrego Garcia’s prompt return to the U.S.
The judge focused on the Justice Department’s acknowledgment that it had “mistakenly” deported Abrego Garcia.
“Why then should it not make what was wrong, right?” he questioned.
Abrego Garcia was detained and swiftly flown to El Salvador last month, despite a 2019 court order that prohibited his deportation due to the risk of being targeted by local gangs. The Supreme Court deemed his deportation “illegal” in a ruling that upheld Judge Xinis’ order for the U.S. to assist in his release.
However, the administration has seemingly taken no real actions to reunite him with his family. Instead, officials from the Trump administration have asserted that they possess no authority to act now that he falls under El Salvador's jurisdiction. On Tuesday, Judge Xinis mandated a thorough two-week investigation into the administration’s noncompliance.
Wilkinson expressed concerns about a troubling precedent. “If today the Executive claims the right to deport without due process and in disregard of court orders, what assurance will there be tomorrow that it will not deport American citizens and then disclaim responsibility to bring them home?” he posited.
“And what assurance shall there be that the Executive will not train its broad discretionary powers upon its political enemies?”
He also criticized the administration for its dismissive attitude toward the judiciary, citing its calls for impeachment of judges and “exhortations to disregard” court orders.
In this context, he concluded that the executive and judiciary branches appear to be “too close to grinding irrevocably against one another in a conflict that promises to diminish both. This is a losing proposition all around.”
Sophie Wagner for TROIB News
