A federal court has delivered a significant blow to the Trump administration's contentious immigration policy by blocking attempts to deport noncitizens to nations other than where they originated without giving them a proper opportunity to be heard, as per a report.
Judge Murphy wrote, "Defendants argue that the United States may send a deportable alien to a country not of their origin, not where an immigration judge has ordered, where they may be immediately tortured and killed, without providing that person any opportunity to tell the deporting authorities that they face grave danger or death because of such a deportation," quoted ABC News.
He also mentioned that, "All nine sitting justices of the Supreme Court of the United States, the Assistant Solicitor General of the United States, Congress, common sense, basic decency, and this Court all disagree," as quoted in the report.
The judge pointed out that the Trump administration officials "have applied and will continue to apply the alleged policy of removing aliens to third countries without notice and an opportunity to be heard on fear-based claims -- in other words, without due process," as quoted by ABC News.
He went on to say, "The irreparable harm factor likewise weighs in Plaintiffs' favor. Here, the threatened harm is clear and simple: persecution, torture, and death. It is hard to imagine harm more irreparable," quoted ABC News.
He blocked the federal government from deporting noncitizens to third countries without first giving them a chance to raise concerns about their safety.
Who does this ruling apply to?
The ruling applies broadly to any noncitizen with a final deportation order.
The Court’s Reasoning
On Friday, Judge Brian Murphy of the US District Court issued a sweeping injunction that prevents the administration from deporting noncitizens to third nations, such as El Salvador, Honduras, or Panama, without they've been given a clear, documented chance to object to being sent where they might be in danger, as per ABC News.Judge Murphy wrote, "Defendants argue that the United States may send a deportable alien to a country not of their origin, not where an immigration judge has ordered, where they may be immediately tortured and killed, without providing that person any opportunity to tell the deporting authorities that they face grave danger or death because of such a deportation," quoted ABC News.
He also mentioned that, "All nine sitting justices of the Supreme Court of the United States, the Assistant Solicitor General of the United States, Congress, common sense, basic decency, and this Court all disagree," as quoted in the report.
What Sparked the Ruling?
The decision comes after increasing reports that noncitizens under the Trump administration are deported, like two planeloads of alleged Venezuelan gang members to the CECOT mega-prison in El Salvador with little-to-no due process, according to the report.The judge pointed out that the Trump administration officials "have applied and will continue to apply the alleged policy of removing aliens to third countries without notice and an opportunity to be heard on fear-based claims -- in other words, without due process," as quoted by ABC News.
He went on to say, "The irreparable harm factor likewise weighs in Plaintiffs' favor. Here, the threatened harm is clear and simple: persecution, torture, and death. It is hard to imagine harm more irreparable," quoted ABC News.
What the Court’s Order Means Now
His decision halts that practice and requires the government to provide noncitizens with written notice prior to being sent to a third country, as per the report. Notably, it provides them with a "meaningful opportunity"—a minimum of 15 days to reopen their immigration proceedings, as per ABC News.FAQs
What did the judge rule?He blocked the federal government from deporting noncitizens to third countries without first giving them a chance to raise concerns about their safety.
Who does this ruling apply to?
The ruling applies broadly to any noncitizen with a final deportation order.
