The 4th Circuit is not happy (to put it mildly) with the administration. The judge who wrote the opinion was appointed by Reagan.
These are not loony left judges.
The administration can continue to blast the American people with huge loads of bullsh*t, but that will not change the facts or the law.
From the opinion:
>>>
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?∗ And what assurance shall there be that the Executive will not train its broad discretionary powers upon its political enemies? The threat, even if not the actuality, would always be present, and the Executive’s obligation to “take Care that the Laws be faithfully executed” would lose its meaning. U.S. CONST. art. II, § 3; see also id. art. II, § 1, cl. 8.
Today, both the United States and the El Salvadoran governments disclaim any authority and/or responsibility to return Abrego Garcia. See President Trump Participates in a Bilateral Meeting with the President of El Salvador, WHITE HOUSE (Apr. 14, 2025). We are told that neither government has the power to act. The result will be to leave matters generally and Abrego Garcia specifically in an interminable limbo without recourse to law of any sort. . . .
The Executive may succeed for a time in weakening the courts, but
over time history will script the tragic gap between what was and all that might have been, and law in time will sign its epitaph. . . .
In sum, and for the reasons foregoing, we deny the motion for the stay pending appeal and the writ of mandamus in this case. It is so ordered.<<< (emphasis added)
The court clearly recognizes exactly what the administration is attempting to do.
The administration could easily takes steps to return Garcia. The feigned helplessness (wink, wink) is just dumb. The fact that the administration is choosing instead to fight the courts tooth and nail makes it crystal clear that the administration wants to establish a way to deport anyone, anytime, for any reason.
There are numerous laws on the books that the administration can use to deport people. However, the Constitution always requires due process.
