Judge Suspends Trump Admin’s Unchallenged Deportation Policy

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Federal Judge Brian E. Murphy has temporarily blocked the Trump administration’s controversial deportation policy that sent immigrants to third countries without allowing them to express safety concerns, dealing a significant setback to the President’s immigration enforcement strategy.

Quick Takes

  • Judge Murphy ruled that immigrants must have a “meaningful opportunity” to argue against being sent to potentially dangerous third countries.
  • The decision temporarily halts deportations to countries like Panama, Costa Rica, and El Salvador under agreements the administration had established.
  • The ruling affects individuals with final removal orders who faced deportation to countries not identified during their original immigration proceedings.
  • The Trump administration also faces a separate legal challenge over its attempted use of the 1798 Alien Enemies Act for deportations.
  • The case involves multiple plaintiffs including a Guatemalan man who was sent to Mexico where he previously experienced assault.

Court Issues Nationwide Restraining Order

U.S. District Judge Brian E. Murphy issued a nationwide temporary restraining order that prevents the Trump administration from deporting migrants to third countries without giving them notice and an opportunity to submit claims based on fear of persecution or torture. The ruling specifically protects individuals from being deported to nations not identified during their original immigration proceedings. Judge Murphy, who was appointed by President Joe Biden, sided with advocacy groups including the National Immigration Litigation Alliance, which filed the lawsuit in Boston.

During the hearing, Judge Murphy confronted the administration’s lawyers, stating: “If your position today is that we don’t have to give them any notice, and we can send them to any country other than the country to which the immigration court has said no, that’s a very surprising thing to hear the government say.” The judge emphasized that protections under the Convention Against Torture prohibit removal to countries where torture is likely, regardless of whether the country was designated in original removal proceedings.

Impact on Trump’s Immigration Strategy

The ruling represents a significant obstacle to the Trump administration’s efforts to expedite deportations through agreements with Mexico and Central American nations including Costa Rica, Panama, Guatemala, and El Salvador. These agreements allowed the U.S. to deport migrants from various countries when deportation to their homelands proved difficult. Reports indicate that migrants from Africa and Asia have been deported to Panama despite having no ties to the country. The administration must now provide these individuals with the opportunity to contest their removal if they face potential persecution or torture.

“We’re relieved the judge saw the urgency of this situation both for our named plaintiffs and other similarly situated individuals,” said Trina Realmuto.

The lawsuit was brought on behalf of four migrants from Cuba, Honduras, Ecuador, and Guatemala, each with different circumstances but similar fears of deportation to unfamiliar third countries. One plaintiff, a Guatemalan man, was previously sent to Mexico where he had experienced assault. Court documents indicate he “remains in hiding in Guatemala” after an immigration judge “found it was more likely than not that he would be persecuted” if returned to his home country.

Separate Challenge to Alien Enemies Act

In a parallel legal challenge, a federal appeals court denied the Trump administration’s request to lift another temporary restraining order blocking deportations under the 1798 Alien Enemies Act. This separate lawsuit was filed by the American Civil Liberties Union, Democracy Forward, and the ACLU of the District of Columbia. They argued that President Trump illegally invoked this historical act, which allows the president to act against citizens of a foreign country during a “declared war” or “invasion,” for contemporary immigration enforcement.

“The court’s decision is a critical reminder that no president is above the law. Misusing a centuries-old wartime statute to bypass immigration protections was not just unlawful — it was a threat to core civil liberties. This outcome is a win for fairness and the rule of law,” Scott Michelman said.

The Alien Enemies Act has faced historical criticism for its use during wartime, particularly during World War II when it facilitated the internment of Japanese Americans. Critics of the administration’s approach point out that the act was specifically designed for wartime application, not for general immigration enforcement. The court’s decision effectively prevents what opponents described as deportations to “black-hole prisons” in foreign countries without judicial review or due process protections.

Sources:

  1. Federal Appeals Court Keeps Block on Trump Use of Alien Enemies Act to Deport Immigrants | American Civil Liberties Union
  2. Federal judge blocks Trump administration from fast-tracking deportations
  3. Judge’s Order Slows Trump Deportation Plans
  4. US Judge temporarily halts deportations to third countries without a chance to challenge