Why is Trump so dead set on denying due process to the wrongly deported El Salvadoran migrant?
President Trump and the federal courts are heading toward a needless constitutional collision in the case of deportee Kilmar Armando Abrego Garcia that would weaken both the executive and the judiciary. Enter conservative federal appellate Judge J. Harvie Wilkinson with some sage advice to avoid it.
In a pointed and eloquent opinion late Thursday, Judge Wilkinson (joined by two others on the Fourth Circuit Court of Appeals) rejected the Administration’s request to stay a lower court’s attempt to implement the Supreme Court’s guidance in the case of Mr. Abrego Garcia. The High Court said the executive branch should “facilitate” his return to the U.S. from a Salvadoran prison so he can receive due process.
“‘Facilitate’ is an active verb,” Judge Wilkinson wrote. The Supreme Court’s instruction that lower courts respect the executive’s primacy in foreign affairs does not “allow the government to do essentially nothing.”
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