Administrative error or executive overreach

To the Editor:

I am writing about the case of Kilmar Abrego Garcia who was unlawfully sent by the Executive Branch of the U.S. government to a Salvadoran prison.

I believe that the United States has the right to set and enforce limits on immigration. I also believe in the rule of law and the American tradition of human decency. Each of those latter two things have been violated in Mr. Abrego Garcia's case.

Articles I to III of the U.S. Constitution create the separation of powers doctrine, which is key to ensuring the continuation of our democracy. This fundamental American doctrine requires each of the three equal branches of our federal government to respect the powers of the other branches. This requires the executive branch to comply with court orders. 

A court ordered that Mr. Abrego Garcia not be deported. Nevertheless, the Executive Branch sent this man, who has not been convicted of any crime, to a third world prison, citing an administrative error. The court, in a decision upheld by the Supreme Court of the United States, ordered that the Executive Branch facilitate his return.

Human decency, and the rule of law require that this man be returned. Unwillingness on the part of the Executive Branch to do this represents a direct attack on the separation of powers doctrine. If this is allowed to stand, one must wonder what fundamental tenets of our democracy might next be violated. The right to due process of law under the fifth amendment, and the right to apply for writs of habeas corpus come to mind.

The President of El Salvador has said that he will not return Mr. Abrego Garcia. If that is to be used as an excuse to not facilitate his return, it is a thin one. America still carries that “big stick” of which President Theodore Roosevelt once spoke. I doubt that many Americans are naive enough to believe that El Salvador, which receives hundreds of millions of dollars in aid from the United States, would refuse to return Mr. Abrego Garcia if the Executive Branch of the United States demanded that it do so.

Some might say that there is no point in having this man returned, as he could be deported again. That cynical argument misses two key points. First, if court orders are complied with, he may well not be deported again. Second, this argument mocks the rule of law and the doctrine of separation of powers.

Now is the time for our Senators and Representatives to recognize the fundamental nature of the separation of powers doctrine, and the human decency that America has been imbued with. It is time for them to stand tall and advocate for our nation to return Kilmar Abrego Garcia to his family in the United States, for him to be afforded the legal process that is due him, and for the Executive Branch to comply with the orders of the Judicial Branch.  

Tom Wiensch

Rhinelander