A recent ruling by the U.S. Court of Appeals for the Fourth Circuit has intensified the legal and diplomatic tensions surrounding the deportation of Kilmar Ábrego García, a Salvadoran national with alleged MS-13 affiliations. The court unanimously ordered the Trump administration to facilitate Ábrego García’s return to the United States, citing the government’s violation of a standing court order that had prohibited his removal. Latest news & breaking headlines+3Latest news & breaking headlines+3The New Yorker+3Latest news & breaking headlines
Ábrego García, who had been residing legally in Maryland with his American wife and children, was granted “withholding of removal” status in 2019 due to credible threats from gangs in El Salvador. Despite this protection, he was deported in March 2025 under the Alien Enemies Act, a rarely used 1798 statute. Upon arrival in El Salvador, he was detained in the Cecot maximum-security prison without due process. ICE+5Latest news & breaking headlines+5Latest news & breaking headlines+5
Chief Judge J. Harvie Wilkinson III, a conservative appointed by President Reagan, criticized the administration’s actions, emphasizing that the executive branch’s failure to comply with judicial orders undermines constitutional protections and due process. He stressed that the government’s obligation to “facilitate” Ábrego García’s return is an active mandate, not merely a passive allowance. Time+1Latest news & breaking headlines+1
The Trump administration has defended its actions, citing Ábrego García’s alleged gang affiliations and a restraining order filed by his wife, asserting that his removal enhances national security. However, critics argue that the administration’s use of the Alien Enemies Act to expedite deportations without due process sets a dangerous precedent and erodes the rule of law. Latest news & breaking headlinesThe New Yorker+3Latest news & breaking headlines+3Latest news & breaking headlines+3
Efforts to secure Ábrego García’s return have been further complicated by El Salvador’s refusal to repatriate him. President Nayib Bukele, an ally of Trump, has declined to cooperate, and Ábrego García remains detained in a Salvadoran prison. Senator Chris Van Hollen, who visited Ábrego García in El Salvador, has been vocal in advocating for his return, emphasizing the importance of upholding legal norms and human rights. ICE+4Latest news & breaking headlines+4Time+4Latest news & breaking headlines+1Latest news & breaking headlines+1
This case underscores the ongoing conflict between the executive and judicial branches over immigration enforcement and raises significant concerns about the protection of due process rights for immigrants. Legal experts warn that the administration’s actions could have far-reaching implications for the rule of law and the treatment of vulnerable individuals seeking refuge in the United States.
