That’s why the latest turn in the Abrego Garcia story—in which a federal judge ordered him released from immigration detention in Pennsylvania—is so momentous. It suggests that at least for now, this test isn’t going how Trump and especially Miller evidently hoped.
But buried in this ruling is even bigger news. It concludes that Abrego Garcia’s treatment throughout has violated due process. Again and again, it scorches the Trump administration’s “extraordinary” and “troubling” handling of this whole case, suggesting it’s been utterly lawless and rife with malicious abuses of power.
Here’s where one of Trump’s most flagrant abuses of power now arises. Because a “withholding of removal” order does allow deportation to a third country that agrees to take in the subject, Trump officials have been trying to find one to take him.
Why not? They won’t meaningfully say. The ruling details months of tortuous negotiations during which the administration tried to deport him to Uganda, Eswatini, Ghana, and Liberia—places where Abrego Garcia feared physical harm or removal to El Salvador.
This is abominable. By law, immigration detention is not supposed to be about meting out punishment or retribution. It’s supposed to be about facilitating people’s removal. Yet as the ruling details, the administration, by refusing to send Abrego Garcia to Costa Rica despite having that option, did “not appear to have held him to fulfill that purpose.”
This is deeply sick public conduct. And there’s evidence that Trump and Miller have seen this throughout as a test case for a darker, vaster project. Recall that after officials admitted deporting Abrego Garcia in error, Miller rushed out to proclaim that there was no mistake at all and that he’d been “sent to the right place.” This wasn’t a good-faith disagreement over what the law said. It was effectively a declaration that the law wouldn’t constrain Trump from sending him to a foreign gulag if he decided to.
Meanwhile, numerous government agencies smeared Abrego Garcia as a violent gang member even though they couldn’t produce any evidence of it. Vice President JD Vance stated as fact that Abrego Garcia was a “high-level gang member” who was not in the country lawfully to begin with—both flat out lies that look even worse with this ruling. The administration’s real aim has been to create grounds for immigrants to fear that at any point they might face the wrath of arbitrary, unchecked state power and the threat of disappearance beyond the reach of the law.
So where does this leave us? In a strange turn, it appears no original order of removal for Abrego Garcia can be found, perhaps because the “withholding of removal” order is all the original judge filed. So on Thursday night, officials found another immigration judge to issue a new order of removal. As Talking Points Memo’s David Kurtz explains, this was also highly cynical, exploiting these judges’ status as executive branch officials to secure a dubious, preordained outcome. And indeed Xinis also temporarily enjoined ICE from taking him into custody on that basis Friday morning.
But here’s what we do know: For now, this saga is showing that certain time-tested legal precedents and norms—habeas corpus, judicial review, professional constraints on lawyers—seem to be acting as a check on tyranny. To the degree that Trump or especially Miller envisioned this as a test—of their ability to spread fear of lawless state terror—the lower courts continue to hold the line. The degree of government persecution inflicted on this day laborer from Maryland remains astounding. But for the time being, what we’re seeing is heartening indeed.
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