Trump Admin "Stain" on Constitution? A Deep Dive into the Abrego Garcia Case.

Lawyers Allege Trump Administration's Actions Left 'Stain' on Constitution in Abrego Garcia Case

The legal battle surrounding Kilmar Abrego Garcia, a Maryland construction worker, has taken a dramatic turn. His attorneys are accusing the Trump administration of deliberately delaying his return to the United States from El Salvador, despite clear directives from a federal judge and the Supreme Court. The accusation comes shortly after Abrego Garcia was flown to Tennessee on Friday to face federal human smuggling charges.

In a recent court filing, Abrego Garcia's legal team stated that "the Government has always had the ability to return Abrego Garcia, but it has simply refused to do so." They further allege that the administration engaged in an "elaborate, all-of-government effort to defy court orders, deny due process, and disparage Abrego Garcia."

The core of the dispute lies in Abrego Garcia's deportation, which his lawyers argue violated a U.S. immigration judge's 2019 order protecting him from expulsion to El Salvador. The judge had determined that Abrego Garcia was likely to face persecution from a local Salvadoran gang that had previously terrorized his family.

Here's a breakdown of the key events:

• 2019: A U.S. immigration judge shields Abrego Garcia from deportation due to potential persecution in El Salvador.
• Abrego Garcia is deported despite the judge's order.
• Abrego Garcia's American wife sues over his deportation.
• April 4: U.S. District Judge Paula Xinis orders his return.
• April 10: The Supreme Court upholds the order, mandating the administration to facilitate his return.
• Recent: Abrego Garcia is returned to the U.S. and faces human smuggling charges in Tennessee.

The legal team emphasizes that the lawsuit regarding his initial deportation is still active in a Maryland federal court. "The executive branch’s wanton disregard for the judicial branch has left a stain on the Constitution," they wrote. "If there is to be any hope of removing that stain, it must start by shining a light on the improper actions of the Government in this tragic affair and imposing meaningful remedies."

The Trump administration, in a counter-filing on Tuesday, dismissed these accusations as "baseless, desperate and disappointing." U.S. attorneys stated that the government complied with the court's order to return Abrego Garcia and intends to file a motion to dismiss the lawsuit.

U.S. officials have stated that Abrego Garcia was deported based on a 2019 accusation from Maryland police that he was an MS-13 gang member. However, his attorneys vehemently deny this, stating that Abrego Garcia was never charged with any crime.

Interestingly, President Trump himself publicly stated that he could arrange Abrego Garcia's return with a single call to the President of El Salvador. This adds another layer of complexity to the already contentious situation.

The federal judge in Maryland has ordered U.S. attorneys to provide documents and testimony to demonstrate the government's compliance with her orders. The Trump administration has claimed that much of this information is protected under state secrets privilege. The judge has yet to rule on this matter.

This case highlights the ongoing tensions between the executive and judicial branches of government, and raises significant questions about due process, immigration policy, and the respect for court orders. Regardless of the ultimate outcome of Abrego Garcia’s legal battles, the accusations leveled by his attorneys have undoubtedly brought increased scrutiny to the Trump administration's actions and their potential impact on the integrity of the Constitution.

Tags: Kilmar Abrego Garcia, Trump administration, deportation, human smuggling, court orders, federal judge, El Salvador, due process, lawsuit, immigration

Source: https://apnews.com/article/kilmar-abrego-garcia-lawsuit-deportation-trump-administration-4a6aea07c7bf5d85522f5c6cf704ec54