The Trump administration has asked the U.S. Supreme Court to lift a lower court injunction that blocks the rapid deportation of certain migrants to third countries without giving them an opportunity to claim fear of persecution, torture, or death.
In a filing submitted Tuesday, the Justice Department requested that the Court overturn a nationwide order issued by U.S. District Judge Brian Murphy in Boston. The order mandates that migrants be allowed to pursue legal relief before being deported to a country other than their own—a policy that the administration argues is essential for national security and effective immigration enforcement.
According to the government, many deportees, particularly those with criminal convictions, cannot be repatriated because their home countries refuse to accept them. The administration argues that the policy of third-country removals provides a crucial alternative. “As a result, criminal aliens are often allowed to stay in the United States for years on end, victimizing law-abiding Americans in the meantime,” the filing stated.
The legal battle is one of several immigration-related disputes reaching the nation’s highest court as the administration continues efforts to advance President Trump's immigration agenda and push back against lower court rulings that have limited executive authority.
The Department of Homeland Security (DHS) had earlier moved to reassess whether individuals protected from removal to their home countries could be detained and transferred to third countries instead. This move prompted immigrant rights groups to file a class-action lawsuit, seeking to prevent these expedited deportations without notice or a meaningful chance to contest them.
In March, the administration issued policy guidance stating that if a third country provides credible assurances that deported migrants will not face mistreatment, U.S. authorities may proceed with deportations without further legal procedures. In cases where such assurances are lacking and a migrant expresses fear, DHS would evaluate the risk and potentially refer the case to immigration court.
Judge Murphy ruled in April that the administration’s deportation policy likely violates the Fifth Amendment’s due process protections, which require notice and an opportunity to be heard before adverse government actions. He noted that the policy bypassed “basic decency” and legal precedent by denying migrants a fair process.
The 1st U.S. Circuit Court of Appeals declined on May 16 to stay Murphy’s injunction. The Trump administration maintains that the ruling interferes with sensitive diplomatic, foreign policy, and national security operations.
The administration also acknowledged that several migrants, including individuals convicted of serious crimes such as murder and arson, are currently detained at a U.S. military base in Djibouti. Officials argue that keeping them detained abroad or returning them to the U.S. creates a diplomatic and operational dilemma.
Murphy has since modified his injunction to ensure the DHS does not attempt to circumvent the court order by transferring deportation authority to other federal agencies, including the Department of Defense. This came after reports revealed that the Defense Department had flown four Venezuelan detainees from Guantanamo Bay to El Salvador, despite Murphy’s ruling.
In another development, Murphy issued a warning that any future attempts to deport migrants to countries like Libya would be in clear violation of his orders.
This case underscores the continuing legal and political tension over U.S. immigration policy, executive authority, and the rights of non-citizens facing deportation.
Source: Reuters
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