The Trump administration’s latest policy of deporting immigrants to “third countries” to which they have no ties is illegal and should be set aside, a federal judge ruled Wednesday in a case that has already reached the nation’s highest court.
U.S. District Judge Brian E. agreed. Murphy in Massachusetts has suspended his decision for 15 days, giving the government time to appeal his latest ruling in the case. Murphy noted that the US Supreme Court ruled in favor of the administration last year, temporarily halting Murphy’s earlier decision, and clearing the way for a flight carrying many migrants to complete its journey to war-torn South Sudan, where they had no ties.
Immigrants who challenge DHS policy have the right to “meaningful notice” and an opportunity to object before they are deported to a third country, Murphy said. The judge concluded that this policy “extinguishes legitimate challenges to removal to a third country by effecting the removal before those challenges are raised.”
“These are our laws, and in profound gratitude for the unbelievable good fortune of being born in the United States of America, this Court affirms these laws and the fundamental principle of our nation: that no person in this country shall be deprived of life, liberty, or property, without due process of law,” Murphy wrote.
In June, the Supreme Court’s conservative majority found that immigration officials can quickly deport people to third countries. Liberal Justices Sonia Sotomayor and Ketanji Brown Jackson dissented, saying the ruling gave the government special treatment.
Murphy said President Donald Trump’s administration has repeatedly violated — or attempted to violate — his orders. He noted that last March, the Department of Defense deported at least six class members to El Salvador and Mexico without providing the process required under a temporary restraining order issued by Murphy.
“The simple truth is that no one knows the merits of any member of the class claim because they obscure the original truth: removal country,” wrote Murphy, who was nominated by Democratic President Joe Biden.
Murphy said the Department of Homeland Security’s third-country removal policy targeted immigrants who were protected from being returned to their home countries, where they feared torture or other persecution.
Eight men sent to South Sudan in May were convicted of crimes in the United States and issued final orders of removal, Immigration and Customs Enforcement officials said.
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