Following Supreme Court Chief Justice John Roberts’ decision to temporarily stay a federal district court order to return Kilmar Armando Abrego Garcia to the United States by 11:59pm tonight, SMART General President Michael Coleman issued the following statement:
“In court Friday, U.S. Department of Justice attorney Erez Reuveni admitted that there was nothing in the record to support ICE apprehending and deporting Abrego Garcia. The federal district court judge who heard Kilmar’s case stated she ‘[hadn’t] been given any evidence’ to support the government’s allegation of gang affiliation and ordered the government to bring Kilmar home by 11:59 p.m. on Monday, April 7. And earlier today, a three-judge panel of the United States Court of Appeals for the Fourth Circuit unanimously denied the government’s request for a stay. Circuit Judge Thacker aptly described what is at stake in Kilmar’s case, writing that:
‘The United States Government has no legal authority to snatch a person who is lawfully present in the United States off the street and remove him from the country without due process. The Government’s contention otherwise, and its argument that the federal courts are powerless to intervene, are unconscionable.’
“Now, instead of fixing the error the federal government has acknowledged making by bringing Kilmar home, the government has taken the matter to the Supreme Court. Today, Chief Justice Roberts temporarily stayed the order.
“We are devastated for Kilmar and his family that his return has been delayed. But our call remains unchanged: The Trump administration must bring Kilmar Armando Abrego Garcia home and grant him the due process that is his right.”