BBA Speaks Out on Abrego Garcia Case and Implications for Rule of Law

The BBA has followed the case of Kilmar Abrego Garcia with increasing concern over the past few weeks: The executive branch first removed him to El Salvador in spite of an immigration court order forbidding it and with an utter lack of due process guaranteed to all persons by the US Constitution. They then admitted this was in error but refused to take any steps to reverse the action and return him to his home. Most recently, the Administration has flaunted its denial of any responsibility, based on a strained reading of the Supreme Court’s unanimous order in the case, while continuing to toy with refusal to recognize—indeed, outright defiance of—judicial authority.

With a ruling on Thursday from a panel of the U.S. Court of Appeals for the Fourth Circuit, denying the Administration’s motion for a stay of the District Court’s order that it facilitate Abrego Garcia’s return, we approach a confrontation that promises to be, as the Fourth Circuit wrote, “a losing proposition all around.”

As we have stated, “Our constitutional democracy relies on an independent judiciary as one of three equal branches of government, as well as on our country’s unwavering commitment to the rule of law, especially as it relates to respect for the separation of powers among the three branches.”

Whether or not Abrego Garcia is in a gang or has committed any crime (with which he has never been charged) is a question for the courts to decide. When the executive branch instead answers it by fiat, the foundations of due process and separation of powers are at stake.  We call upon the Administration to present its evidence against him and to cease not only its pattern of obstruction, but also its demands for impeachment of judges for decisions it disfavors and its exhortations to disregard court orders, which the Fourth Circuit said “sadly illustrate” a lack of respect for the judiciary. And we call upon all members of the bar, and the public at large, to join us in speaking out, to, as the Court says, “summon the best that is within us while there is still time.”

Having just commemorated Patriots’ Day, this case serves as a reminder that true patriotism demands a commitment to justice and fairness for all. As we honor the legacy of those who fought for freedom, we must also defend the principles that make America just and strong.