The US Court of Appeals for the Fourth Circuit has denied the government’s motion for an emergency stay pending appeal and a writ of mandamus in the case of Kilmar Abrego Garcia v Kristi Noem. The court deemed the relief requested by the government as extraordinary and premature, emphasizing the importance of due process and constitutional principles.

The court highlighted the government’s assertion of the right to detain residents in foreign prisons without due process, which raises concerns about individual liberties and the rule of law. Despite the government’s claims about Abrego Garcia being a terrorist, the court stressed that he is still entitled to due process and that the government should rectify any wrongful deportation.

Referencing the Supreme Court’s decision, the court emphasized the need for a balance between judicial oversight and Executive Branch discretion in foreign affairs. It underscored the active nature of the term “facilitate” in ensuring Abrego Garcia’s release from custody in El Salvador, rejecting the government’s attempts to narrow its meaning.

Furthermore, the court emphasized the importance of mutual respect between branches of government, urging the Executive to uphold court decisions and the rule of law. It warned against the erosion of democratic principles and the potential abuse of executive powers without proper restraints.

In conclusion, the court denied the government’s motion, urging all branches of government to uphold the rule of law and respect constitutional principles to avoid a detrimental conflict that could diminish the foundations of American democracy.