... The administration is “asserting a right to stash away residents of this country in foreign prisons without the semblance of due process that is the foundation of our constitutional order,” wrote Judge J. Harvie Wilkinson in an opinion for a panel of the 4th Circuit Court of Appeals.
“Further, it claims in essence that because it has rid itself of custody that there is nothing that can be done,” he wrote. “This should be shocking not only to judges, but to the intuitive sense of liberty that Americans far removed from courthouses still hold dear.” ...
Wilkinson and the two other judges on the 4th Circuit panel rejected the administration’s appeal of an April 10 order from Xinis directing the administration to “take all available steps” to facilitate Abrego Garcia’s return to the U.S. “as soon as possible.”
Wilkinson zeroed in on the Justice Department’s admission that it had “mistakenly” deported Abrego Garcia.
“Why then should it not make what was wrong, right?” Wilkinson wrote. ...
Wilkinson warned of a dangerously slippery slope on the horizon. “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?” he wrote.
“And what assurance shall there be that the Executive will not train its broad discretionary powers upon its political enemies?” ...
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