by Liliana S.* and Ted L.
The Constitutional crisis that many of us have long feared Trump would precipitate is no longer a potential threat. It arrived this week. It’s here, now.
Last week, the Supreme Court unanimously upheld a lower court order directing Trump officials to “facilitate” the return of Kilmar Abrego García — a Maryland resident wrongly deported to a Salvadoran mega-prison. The Trump administration admitted in court that García’s deportation was an “administrative error.” The Supreme Court ordered the White House to return García to his family in the US immediately. Despite all this, the Department of Justice brushed off the order. Instead of complying, the DOJ argued that meeting the deadline was “impracticable.”
This crisis escalated yesterday when, at an Oval Office meeting with Salvadoran President Nayib Bukele, Trump confirmed that his administration has no intention of facilitating a return Abrego Garcia to his family. During this same meeting, Bukele made clear that he also has no intention of returning Garcia. By his (lack of) action, Trump is defying the Supreme Court and daring them to do anything about it.
The Constitutional “due process” rights protecting Kilmar Abrego Garcia from arbitrary deportation protect all Americans. If the government can bypass courts for him, they can potentially do it to any of us. Most media outlets are now rightly characterizing this as a “Constitutional crisis/showdown” — with the future of our democracy at stake:
- The Constitutional Crisis is Here (The Atlantic): “Trump’s administration is only pretending to comply with the Supreme Court on the matter of a Maryland man it deported erroneously.“
- Will the Supreme Court Stop Donald Trump? (The New Yorker): “By defying the Justices’ ruling on a man mistakenly sent to El Salvador, the Administration has shown that it is not owed the deference typically shown to the executive branch.”
- In Showdowns With the Courts, Trump Is Increasingly Combative (The New York Times): “Scholars say that the Trump administration is now flirting with lawless defiance of court orders, a path with an uncertain end.“
- [Update April 17] The Emergency Is Here (The Ezra Klein Show): “The emergency is here. The crisis is now. It is not six months away. It is not another Supreme Court ruling away from happening. It’s happening now.”
- [Update April 17] Free Kilmar (The Contrarian): This human rights outrage cannot be permitted to persist.
Just today, a judge rebuked the Trump administration for its lack of effort to return “a wrongly deported man.” “The judge also said she planned to force Trump officials to reveal what they have done behind the scenes to seek the return of the man, Kilmar Armando Abrego Garcia.” Judge Paula Xinis has “called for a two-week process of ‘expedited discovery,’ including questioning government officials under oath, to learn whether the government is doing enough to try to bring him back.”
Where does all this end? No one is certain. But the outlook is dark and gloomy.
Democrats in Congress have begun to take unilateral action. Senator Van Hollen has requested a meeting with Salvadoran President Nayib Bukele while he is in the United States in order to discuss the return of Garcia. He further announced his intent to travel to El Salvador and check on his condition, if Abrego Garcia is not returned by the end of this week. Meanwhile, in the House, Reps. Maxwell Frost and Robert Garcia have requested that a congressional delegation visit to the maximum security prison holding Garcia in El Salvador. [Update April 16: The list of Congressional Democrats now planning to go to El Salvador keeps growing.]
What about our Senators — Alex Padilla and Adam Schiff? What are they doing to respond to this Constitutional crisis?
Senator Schiff has today posted a harshly critical statement on Instagram, attacking the Trump administration on this matter. Senator Padilla joined with several other Senators last week to issue a statement “demanding answers” — but has not yet done anything in the wake of the latest developments this week.
We are asking Senators Padilla and Schiff to take a more active role. Join Senator Van Hollen and House Democrats to stand up for Kilmar Abrego Garcia and protect the US Constitution. This crisis is real and dangerous and will only get worse — if we don’t do everything we possibly can to halt it. At this moment, with the future of our country at stake, nothing else is more important.
* from Indivisible SF
