Republican judge Harvey Wilkinson’s recent rule – occupied that the immigration procedures conducted by the Trump administration in the Kilmar Armando Austro Garcia case can “reduce the rule of law to chaos” – “The tide may turn” against the president, legal and former American American analyst and analyst. Glenn Kirchner He said.
Why do it matter
On Thursday, the Appeal Court in the fourth American district unanimously rejected an effort by the president Donald TrumpThe administration of challenging an order imposes on government officials created on deportation Alago Garcia To El Salvador.
Abro Garcia, who came to the United States illegally, was arrested in 2019 and was accused of being a member of the MS-13 gang, which has identified the Trump administration as a foreign terrorist organization. Abro Garcia denied that he was a member of the gang, but two judges, in separate rulings, concluded that, based on secret information provided to the court. He was protected from deportation to El Salvador because he said he would have been targeted by MS-13 competitors.
Abro Garcia, who lived in Maryland’s state with his wife and children, was deported to El Salvador after his arrest last month, while the Trump administration attorneys said he was a “administrative mistake.” His family denies any relationships with the gangs, and Abyerigo Garcia has no criminal record in the United States, although his wife accused him of domestic violence and got a restriction against him. Since then they have been reconciled.
He was ordered to return to the United States by the American boycott judge, Paula Xinis, but the White House and El Salvador have declined.
A modern decision from the United States supreme court The administration ordered the “facilitation” of the launch of Garcia and its return, but the White House Resist. Liberal rulers and conservatives have eliminated that the administration broke the law in the deportation of Abu Garcia.
In the ruling of Thursday, Wilkenson stressed that “facilitation” is the “active act” and rejected the narrower interpretation of the administration. “It requires steps, as the Supreme Court has completely clarified,” he wrote.
What do you know
“It seems that the tide may be transformed,” Kirchner, a Vocaltrump critic, said in a video on Friday on YouTube, who was posted on his channel, in light of Wilkenson’s 7 -page rule. Wilkinson is republican Former President Ronald Reagan appointed him.
The administration faces dozens of legal challenges on the alleged illegal deportation, prolonged detention, and violations of legal procedures related to immigration policies. Trump pledged to launch the largest mass deportation in the history of the United States and detained Thousands of people have been deported Since he took office since late January.
However, Kirchner says that the decision of the Judges Committee consisting of three judges from the Court of Appeal “says mainly, you know that we are not stupid, and we see what you are doing,” referring to a section of the ruling that reads: “Today, executive citizens call that American citizens are demanding responsibility?
The White House described the deportation of Abu Garcia as a “administrative error”, but he stressed that the United States has no jurisdiction over his return and that he is a member of the gang.
However, the Fourth American Appeal Court expressed some doubts about this, as it writes: “The government confirms that the Ergo Garcia is a terrorist and a member of MS-13. Perhaps, but perhaps not,” indicating that regardless of, “regardless of” he is still entitled to conduct an interface. “
The judge added that the government had already recognized that the deportation of Abigo Garcia was “wrong”, and asked, “Why shouldn’t he make what is wrong, right?”
The court said that the government’s failure to correct its mistake risked by reducing “the rule of law to chaos and distort the same values that the Americans with opinions and proposals always stand.”
Kirchner concluded a video on Friday by saying, “This court’s opinion is the ruling of law at its best,” adding, “This is loyalty to the constitution.”
AP Photo/Alex Brandon)
What people say
Jonathan Torley, Professor in George Washington I told University Law College and Fox News Analyst Newsweek In an email on Saturday: “The White House will be wise to interrogate the invitation of Judge Wilkenson for more stress and respect between the judicial and executive branches. This is a respectable and respected conservative law that appeals to our joint article in the constitution. The reservation was clearly correct, but the colon may be equally important in consulting more on both sides.”
Senator Chris van Holin, Democrat Maryland, said during a press conference Friday: “This is related to bringing a man who admits that he should never be kidnapped.”
President Donald Trump said at a White House press conference on Friday.
White House press secretary Caroline Levitte told reporters on Friday: “The Supreme Court has clearly clarified its ruling last night that the responsibility of the administration is to facilitate the return, and not to activate the return.”
US Public Prosecutor Bam Bondi at the Oval Office said on Monday: “First of all, it was illegally in our country, and it was illegally in our country … at the present time, additional papers should have been done; this is up to El Salvador if they wanted to return it.”
“: “How can I smuggle a terrorist to the United States? Of course, I will not do it. The question is not glorious.”
What happens after that?
Abro Garcia was transferred from El Salvador Prison in Salvador to a detention facility for lower security, according to Senator Chris van Holin, a democratic in Maryland, who visited him this week. It is not clear what is the fate of the return of Abyerigo Garcia.
Early Saturday, Supreme Court The Trump administration ordered the suspension of the deportation of a number of Venezuelans In reservation under the law of foreign enemies, only 1798 Law is applied in wartime.
In its decision, the Supreme Court wrote: “The government is directed not to remove any member of the supposed category of detainees from the United States until another order from this court.”
