America’s highest court has given Trump victory on deportation as SCOTUS will challenge it
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An appeals court on Wednesday granted the Trump administration’s request to temporarily suspend a lower court order barring it from deporting illegal immigrants from so-called “third-party countries” — giving the administration an imminent setback hours before the lower court’s order goes into effect.
Trump’s lawyers appealed the decision to the First Circuit US Court of Appeals last week, saying that US District Judge Brian Murphy’s order created an “unworkable system” that threatened to disrupt critical negotiations with foreign countries, and risked “thousands” of planned deportations.
They also challenged Murphy’s decision to terminate the Supreme Court’s decision two times last year, after the high court intervened and allowed the administration to continue its policy of deportation, for now.
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President Donald Trump signs executive orders at the White House. (Andrew Harnik/Getty Images)
The case will go to the high court for a full review on its merits, as senior Trump administration officials agreed earlier this year.
Murphy, a Biden nominee, sided with immigrants last month in his 81-page ruling, ruling that the Department of Homeland Security’s third-country removal process — or the process by which immigrants are removed from the US to a country other than their own — is illegal and a violation. due process protections under the US Constitution.
He ruled that the Trump administration should first try to deport immigrants from their own country, or from a country of removal previously designated by an immigration judge. Only after that process, he said, migrants can be removed to a third country, as long as “reasonable notice” is given, and the opportunity for migrants to raise any fear of persecution in the third country identified for their removal under the so-called “reasonable fear”.
The third country removal policy “fails to satisfy the due process for many reasons, not to mention that no one really knows about these ‘guarantees'” Murphy wrote in his decision, although he stopped it from running for 15 days to give the administration time to appeal.
Despite the intervention of the US appeals court, the order was scheduled to go into effect on Thursday.
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Attorney General Pam Bondi holds a news conference at the Department of Justice. (Tom Williams/CQ-Roll Call, Inc via Getty Images)
DHS officials have previously claimed “unquestionable authority” to deport illegal immigrants to third countries that have agreed to accept them.
“If these activist judges had their way, aliens who are so depraved that their countries won’t turn them back, including detainees, child rapists and drug traffickers, would be walking freely on America’s streets,” former Assistant Secretary Tricia McLaughlin said in June, after the Supreme Court temporarily allowed the Trump administration to continue its deportation policy amid legal challenges.
Murphy had been presiding over the class action for months installed by immigrants the challenge of deportations to third countries, including South Sudan, El Salvador, and Costa Rica and Guatemala, which the Trump administration is reportedly considering in their ongoing deportations.
He also disrespected the Trump administration during his tenure on the case, including in May, when he accused the administration of failing to comply with a court order that required them to keep in American custody six migrants deported from South Sudan without due process or notice.
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The front of the Supreme Court building is visible at dusk. (Drew Anger/Getty Images)
Murphy previously ordered that the migrants remain in US custody at a military base in Djibouti until each of them is given a “reasonable fear interview,” or an opportunity to explain to US officials any fear of persecution or torture, if they are released from custody in South Sudan.
Murphy previously acknowledged the criminal history in question after Trump officials criticized the deportees as “the worst of all.”
“The court recognizes that the members of the class at issue here have criminal histories,” Murphy wrote in an order last year.
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“But that doesn’t change due process,” he wrote. “The court views its responsibility in these terms in a serious way that should be understood by anyone who is committed to the administration of the law.”
