In a significant legal setback for the Trump administration, the U.S. Court of Appeals for the Fourth Circuit on Thursday denied an emergency stay in the wrongful deportation case of Kilmar Armando Abrego Garcia, reinforcing a lower court’s order that mandates his return to the United States.
This marks the third consecutive rejection from federal courts, including the Supreme Court, which on April 10 refused a similar request by the federal government to vacate the lower court’s directive.
At the center of the case is Abrego Garcia, a Salvadoran national who was deported despite a judicial order halting his removal. U.S. District Judge Paula Xinis has criticized federal authorities for failing to provide accurate updates on his whereabouts, and has since ordered daily status reports and authorized the deposition of key officials from the State Department and Department of Homeland Security.
Earlier this week, the Trump administration, alongside Salvadoran President Nayib Bukele, claimed that neither government had the legal authority to facilitate Abrego Garcia’s return—an argument the courts have repeatedly rejected.
In its ruling, the Fourth Circuit sharply criticized the administration’s position. Writing for the court, Judge J. Harvie Wilkinson emphasized the constitutional implications of detaining and deporting individuals without due process:
“The government 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,” Wilkinson wrote, according to JURIST. “Regardless of whether Abrego Garcia is indeed a security threat, he is entitled to due process.”
The judge also condemned the government’s reluctance to comply with judicial oversight, warning of an “interminable legal limbo” created by the refusal of both the U.S. and El Salvador to accept responsibility.
In a rare historical comparison, the court invoked former President Dwight D. Eisenhower’s decision to enforce the landmark Brown v. Board of Education ruling despite personal reservations—urging today’s executive branch to similarly uphold the rule of law.
“The respect that courts must accord the Executive must be reciprocated by the Executive’s respect for the courts,” Wilkinson added. “This case presents their unique chance to vindicate that value… while there is still time.”
The decision underscores an ongoing tension between the judiciary and executive over immigration enforcement and constitutional boundaries. As of now, the federal government remains under court order to actively work toward Abrego Garcia’s repatriation and to provide full transparency regarding its efforts.
Sources:
- Ram Eachambadi, JURIST Staff – Jurist.com
- U.S. Court of Appeals for the Fourth Circuit, April 17, 2025
- U.S. Supreme Court Order, April 10, 2025
- Statements from Judge Paula Xinis and Judge J. Harvie Wilkinson as quoted in court documents
US Federal Court of Appeals 4th Circuit, Richmond, VA Picture on Wikimedia by Taber Andrew Bain
