Lawyers for Good Government (L4GG), a nationwide nonprofit organization mobilizing lawyers in support of equal justice and civil and human rights, condemns in the strongest possible terms the Trump administration's refusal to comply with the Supreme Court's order to facilitate the return of Kilmar Abrego Garcia to the United States after his wrongful deportation to El Salvador.
We are witnessing a constitutional crisis unfold before our eyes. The executive branch has openly defied the judiciary's authority — including a direct order from the Supreme Court — violating the fundamental constitutional principle of checks and balances and leaving all of us to wonder if we might be next. This is not just a matter of immigration policy but a direct challenge to our nation’s rule of law and commitment to liberty.
The facts are clear: Mr. Abrego Garcia, a Maryland father of three children, was deported in what the administration itself has acknowledged was an "error." A federal judge ruled his removal "an illegal act" and ordered his return. The Supreme Court affirmed this directive. Yet during Monday’s Oval Office meeting with Salvadoran President Nayib Bukele, the administration made it abundantly clear that it has no intention of working to secure Mr. Abrego Garcia's return, falsely claiming it lacks the power to do so.
The administration's justification for defying the Court rests on dubious claims about Mr. Abrego Garcia's alleged gang affiliation — the evidence for which is exceedingly thin and deeply problematic. Even if evidence of criminality existed, it would not justify denying Mr. Abrego Garcia the due process to which he is entitled under our Constitution, particularly in light of a 2019 order from an immigration judge granting him withholding of removal–a status that explicitly bars DHS from returning him to El Salvador.
This case follows a disturbing pattern of the administration using extraordinary measures to circumvent established legal procedures, including invoking a 1798 wartime authority to forcibly transfer over 270 people to El Salvador's notorious CECOT mega-prison, a facility documented for human rights abuses, wherein individuals are often held indefinitely and without due process.
When an administration believes it can pick and choose which court orders to follow based on political expediency, it threatens the very foundation of our constitutional democracy. If the executive branch can defy the Supreme Court without consequence, no legal right is secure.
We call on Congress to immediately exercise its constitutional oversight powers to address this crisis. We further call on legal professionals across the political spectrum to unite in defense of judicial authority and the rule of law.
The Constitution's separation of powers is not optional. No president stands above the law or the courts. This moment demands a united, unwavering commitment to defending our constitutional order before further damage is done to our system of government.