It began with a puzzle that confounded lawyers and officials alike—a high‑security prison in Central America, an American court order, and a legal limbo that no one quite knew how to resolve. From the courthouse to the embassy, from law offices in Baltimore to the walled compound of El Salvador’s most notorious detention center, a single question echoed: Can the U.S. government, having sent a man across the globe to serve out his punishment, be compelled to bring him back to face American justice?
The answer, it turns out, is anything but straightforward. The saga of Kilmar Abrego Garcia—once a resident of suburban Maryland, now incarcerated behind the barbed wire of the Terrorism Confinement Center (CECOT) near Zacatecoluca—has exposed deep tensions between executive power, judicial oversight, and the constitutional guarantees that lie at the heart of American law. As his case winds its way through the U.S. Court of Appeals for the Fourth Circuit, no one can say for sure where it will end. But one thing is already clear: the decision will reverberate far beyond one man’s fate, shaping the future of deportation, due process, and America’s ties with its neighbors.
I. The Man, the Convictions, and the Removal
A. A Life in Maryland Cut Short
Kilmar Abrego Garcia first arrived in the United States in the early 2000s, settling in Maryland where he built a life that—on the surface—looked unremarkable. He held steady employment, married, and became active in his local Salvadoran community. But in 2018 and 2019, Abrego Garcia was convicted of a series of violent offenses, including domestic assault and weapons charges. Court records also hinted at suspected ties to MS‑13, the transnational gang whose reach extends from the streets of Los Angeles to the barrios of San Salvador. Though no federal convictions were brought against him on gang‑affiliation charges, immigration officials took note.
Under U.S. immigration law, noncitizens convicted of “aggravated felonies” or certain violent crimes are subject to mandatory detention and deportation. In late 2023, after serving his state prison sentence, Abrego Garcia was transferred to Immigration and Customs Enforcement (ICE) custody. Without lawful permanent residency or a visa, he faced removal proceedings. In February 2024, an immigration judge ordered him deported to El Salvador—the only country willing to accept him.
B. The Flight to CECOT
On a pre–dawn flight from Dulles International Airport to San Salvador, Abrego Garcia and dozens of other deportees traveled under tight security. Upon arrival, he was spirited away to the Terrorism Confinement Center, better known by its Spanish acronym, CECOT—an infamous facility designed to house the most dangerous criminals, including high‑ranking gang leaders and terrorists. Perched behind thick concrete walls and guarded by armed soldiers, CECOT’s reputation for harsh conditions is legendary, with reports of overcrowding, limited medical care, and frequent use of solitary confinement.
For the U.S. government, this removal represented the final chapter in a straightforward enforcement action: an individual with criminal convictions, expelled to his home country under existing treaties and immigration protocols. For Abrego Garcia, it was the beginning of a fight that he and his attorneys would mount in U.S. courts—a fight based not on his guilt or innocence, but on whether the government had the power to send him so far away without offering him a fresh day in court.
II. The Lower Court’s Surprising Ruling
A. Constitutional Crossroads
In early March 2025, Abrego Garcia’s defense team filed an emergency motion in the U.S. District Court for the District of Maryland. They argued that, under the Constitution’s guarantee that “no person” shall be deprived of liberty without due process, Abrego Garcia—who had lived in the United States for more than two decades—was entitled to a meaningful hearing before being exiled to a facility like CECOT. They pointed to a recent Supreme Court decision, which emphasized that once a noncitizen has established significant ties to this country, certain procedural protections attach.
District Judge Serena Rosenbaum accepted this novel argument. In a 42‑page opinion, she concluded that:
“While immigration law grants the Executive Branch broad authority to remove noncitizens, it does not permit wholesale expulsion without regard to the constitutional rights recognized by our Supreme Court. When an individual has resided in our communities, worked alongside us, and contributed to our shared life, the Constitution demands more than a one‑sided removal order executed behind a locked door.”
Judge Rosenbaum ordered the government to arrange for Abrego Garcia’s return to Maryland and to provide him with a new removal hearing—one in which he could challenge not only his underlying deportation order but also the conditions under which he had been sent abroad.
B. A Reckoning for Executive Power
The ruling sent shockwaves through the immigration‑law community. For decades, the prevailing view was that once an immigration judge ordered removal and that order became final, the Executive Branch could carry it out unilaterally—even if the noncitizen ended up in a remote detention center overseas. Judge Rosenbaum’s decision threatened to reopen the door for any long‑term resident who had been deported without a fresh hearing, potentially swelling federal courthouse dockets and forcing the government to backtrack on thousands of cases.
The Department of Justice, caught off guard, appealed immediately to the Fourth Circuit, requesting an emergency stay of Judge Rosenbaum’s order. They argued that the district judge had misread Supreme Court precedent and that allowing Abrego Garcia’s return would harm foreign‑policy interests and undermine the finality of removal orders.
III. The Fourth Circuit’s Reluctant Response
A. A Three‑Judge Panel Weighs In
On Thursday, April 10, 2025, Judges Harvie Wilkinson, Robert King, and Stephanie Thacker of the Fourth Circuit met to consider the Justice Department’s motion for an emergency stay. In a brief but pointed opinion, they declined to block the lower court’s ruling:
“The questions raised by Judge Rosenbaum’s decision go to the core of executive authority and individual liberties. Although we express no view on the ultimate merits, the request to stay the district court’s injunction is extraordinary and premature. Accordingly, the stay is DENIED.”
The decision allowed Judge Rosenbaum’s order to stand, meaning the government must begin arrangements to return Abrego Garcia to Maryland pending a full appeals hearing. The Fourth Circuit made clear that it would hear the case on an expedited schedule but would not intervene at this early stage.
B. Judicial Concern Over Process
In their opinion, the appeals‑court judges voiced unease at the government’s position:
“Our system rests on a delicate balance between the President’s duty to enforce immigration laws and the judiciary’s obligation to protect constitutional guarantees. When the former is pursued without the semblance of procedural fairness, fundamental principles are at risk.”
By invoking “the semblance of procedural fairness,” the Fourth Circuit hinted that even in immigration enforcement—a domain historically granted deference—due process cannot be entirely cast aside.
IV. Constitutional Collision: Due Process vs. Finality in Removal
A. Historical Precedent
Traditionally, the law treated removal orders as final once all direct appeals were exhausted or abandoned. Noncitizens challenging removal had to do so through specified administrative channels, and once those avenues closed, the Board of Immigration Appeals (BIA) and federal courts lacked jurisdiction to revisit final orders. This doctrine of “finality” aimed to give closure to deportation decisions and allow the Executive Branch to carry them out without perpetual litigation.
Yet the Supreme Court has long recognized that “aliens” within the United States may enjoy due‑process protections, especially when they face truly “severe” deprivations of liberty. Cases such as Zadvydas v. Davis (2001) held that the government cannot detain immigrants indefinitely without a meaningful hearing. Judge Rosenbaum’s ruling extends that logic to argue that exile to a foreign prison—where U.S. courts have no oversight—constitutes a severe liberty deprivation demanding constitutional scrutiny.
B. The Scope of “Personhood”
Central to the debate is the meaning of “no person” in the Fifth Amendment’s Due Process Clause. Does “person” include noncitizens with long‑standing residence but lacking formal immigration status? Several lower courts have stretched due‑process protections fairly wide, particularly where indefinite detention is at issue. However, few judges have applied these protections to the act of removal itself, especially when it involves sending someone to an adversarial or widely condemned foreign prison.
C. Executive Branch Arguments
The Justice Department counters with three core contentions:
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Statutory Authority: Congress has vested the Executive Branch with broad power to remove noncitizens, including to third countries, without a fresh hearing once removal orders are final.
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International Cooperation: Trick‑or‑treating treaties and repatriation agreements depend on the expectation that the U.S. will maintain the finality of removals, lest foreign governments refuse to accept deportees.
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Separation of Powers: Federal courts traditionally refrain from second‑guessing immigration enforcement decisions, an area deemed especially sensitive to executive discretion.
The Fourth Circuit’s decision to allow the lower court’s order to stand underlines that, at least for now, courts are willing to engage these arguments closely rather than dismiss procedural challenges out of hand.
V. The Human Dimension: Life in CECOT
A. Conditions Behind the Walls
For many readers, CECOT’s mention conjures images of a military prison built to isolate the most hardened criminals. Reports from international observers and human‑rights groups describe:
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Overcrowded cells, with multiple inmates sharing spaces designed for far fewer.
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Limited access to clean water and nutritious food, leading to health complaints.
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Frequent use of solitary confinement for disciplinary reasons, raising concerns about psychological damage.
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Restricted visitation rights, making contact with family nearly impossible.
Although Abrego Garcia’s precise cell assignment remains confidential, human‑rights advocates worry that sending noncombatant deportees to such a facility violates basic decency and could amount to cruel and unusual punishment—another potential constitutional argument.
B. Community Ties and Personal Testimonies
In Maryland, neighbors and former coworkers recall Abrego Garcia as a father figure who coached soccer and volunteered at local churches. His abrupt disappearance unsettled the close‑knit Georgian‑town community. For many who had known him as a helpful presence, the idea that he now languishes in a maximum‑security prison thousands of miles from home has been deeply troubling.
Friends have filed amicus briefs, detailing his positive contributions and arguing that deportation to CECOT was not only legally questionable but morally unjust.
VI. Wider Implications: Policy, Precedent, and Public Trust
A. A Turning Point for Immigration Enforcement
If the Fourth Circuit ultimately upholds Judge Rosenbaum’s ruling, it could:
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Open the door for other deportees—particularly those with long‑standing U.S. ties—to seek similar relief.
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Force DHS to reconsider its use of third‑country removals absent additional due process.
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Prompt Congress to clarify the scope of the Due Process Clause for noncitizens in removal proceedings.
B. U.S.–El Salvador Relations
The diplomatic fallout should not be underestimated. El Salvador’s willingness to accept Abrego Garcia was conditioned on America’s assurance that he would not challenge his removal. If forced to take him back, San Salvador may view Washington as an unreliable partner—undermining future cooperative efforts on migration control, counter‑gang initiatives, and regional security.
C. The Future of Constitutional Protections
At its core, this case asks whether constitutional rights extend beyond U.S. borders when the government acts to deprive individuals of their liberty. It engages questions that echo through landmark cases on interning Japanese Americans during World War II, on detaining terrorism suspects at Guantánamo, and on holding immigrants in indefinite detention.
How the Fourth Circuit—and potentially the Supreme Court—resolves this tension will shape the landscape of American civil liberties for years to come.
VII. What’s Next: Court Calendars and Possible Outcomes
A. The Road Ahead in the Fourth Circuit
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Expedited briefing schedule: Both sides must file detailed merits briefs within 30 days.
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Oral argument: Likely scheduled this summer, with a decision by year’s end.
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Potential outcomes:
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Affirm the district court and require Abrego Garcia’s return and new hearing.
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Reverse and reinstate final removal without fresh process.
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Stay and remand with narrowly tailored guidance on how to proceed.
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B. Supreme Court Considerations
Should the Fourth Circuit side with the district court, the government could seek emergency relief from the Supreme Court. But the high court has shown reluctance to intervene mid‑stream, especially on sensitive separation‑of‑powers issues. Yet the case’s constitutional gravity—and its potential diplomatic impact—may draw Justice Roberts’s attention.
C. Legislative Responses
In Congress, lawmakers on both sides of the aisle are already contemplating fixes:
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Clarify due process standards for removal under existing law.
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Enhance transparency in deportation protocols, particularly for third‑country removals.
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Strengthen privacy and civil‑rights protections for noncitizens with deep ties to the U.S.
Whether they act—or let the courts decide—remains to be seen.
VIII. Conclusion: Liberty, Power, and the Meaning of “No Person”
Kilmar Abrego Garcia’s odyssey—from Maryland neighborhoods to El Salvador’s most feared prison, back to an American courthouse—raises profound questions about the reach of U.S. power and the resilience of constitutional safeguards. As the Fourth Circuit’s temporary reprieve for Abrego Garcia makes clear, this is not merely an immigration case. It is a test of America’s commitment to its foundational promise that “no person shall be deprived of life, liberty, or property, without due process of law.”
Where the courts ultimately draw the line will define how far executive authority extends in matters of removal. Will it stretch across oceans and borders with minimal restraint, or will constitutional protections follow those who have made their lives here—even if they lack formal papers?
For Abrego Garcia—and for the many immigrants whose stories have yet to unfold—the stakes could not be higher. And for the nation, the decision will resonate as a bellwether of how effectively we preserve fairness and dignity in the most fraught arenas of power.
