The Federal Appeals Court rejected the Trump administration’s bid to block an order to facilitate the return of a mistakenly deported man, stating that the administration was trying to put residents in foreign prisons without due process. The case involves Kilmar Abrego Garcia, who was wrongly sent to prison in El Salvador despite an immigration judge’s order. The administration is challenging the order to return him due to his alleged affiliation with the MS-13 gang.
The court criticized the lack of due process in the deportation proceedings and emphasized that Abrego Garcia is entitled to his rights, regardless of accusations against him. Trump and Vice President JD Vance have voiced complaints about due process rights hindering mass deportations, with Trump suggesting that court proceedings could take years to deport immigrants.
Immigration law experts explained that due process for Abrego Garcia would involve formal procedures, including a motion to reopen his deportation case, providing a hearing, and litigating allegations of MS-13 membership. The evidence against him has been questioned by U.S. District Judge Paula Xinis.
Concerns over due process have also been raised in other cases against the administration, with a judge holding them in contempt for disregarding an order halting deportation flights to El Salvador. The administration has been criticized for giving short shrift to due process rights of deportees and refugees, leading to legal challenges and public outcry over the immigration process.
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