A federal appeals court on Thursday denied the Trump administration’s request for an stay and writ of mandamus in the case of Kilmar Abrego Garcia, a Salvadoran national deported in March despite a standing immigration court order blocking his removal.
The Fourth Circuit Court of Appeals rejected the Justice Department’s attempt to halt a previous ruling by U.S. District Judge Paula Xinis, which ordered the government to take steps to “facilitate” Abrego Garcia’s return to the United States.
The three-judge panel—comprised of Judge Harvie Wilkinson (appointed by President Reagan), Judge Robert King (Clinton), and Judge Stephanie Thacker (Obama)—issued the unanimous order.
In his opinion, Judge Wilkinson, the panel’s senior judge, sharply criticized the government’s position, writing that the U.S. cannot simply “stash away residents of this country in foreign prisons without the semblance of due process.” Notably, Wilkinson referred to Abrego Garcia as a “resident,” despite his status as an illegal immigrant with a 2019 deportation order issued by an immigration judge, citing alleged MS-13 gang affiliation.
Abrego Garcia is currently being held at CECOT, El Salvador’s maximum-security prison known for housing gang members. While the Trump administration maintains that his deportation was a mistake, they have also repeatedly argued that he poses a public safety risk, pointing to allegations that he is affiliated with the violent MS-13 cartel.
Court filings further revealed accusations that Abrego Garcia had a history of domestic violence, including beating his wife.
Despite these claims, the appeals court ruled that the federal government cannot simply wash its hands of responsibility by deporting someone in violation of court orders.
The court underscored that the Supreme Court’s earlier involvement did not absolve the administration from taking action. According to the panel’s decision, the U.S. must ensure Abrego Garcia’s case is handled as if he had never been unlawfully removed.
Judge Wilkinson emphasized the constitutional implications, stating: “This should be shocking not only to judges, but to the intuitive sense of liberty that Americans far removed from courthouses still hold dear.”
The Justice Department, during arguments this week, confirmed that if Abrego Garcia were to reappear at a U.S. port of entry, he would immediately be taken into custody and deported again — an assertion that raises further questions about how the government intends to comply with the court’s directive to “facilitate” his return and handle his case lawfully.