WASHINGTON, May 28 (Alliance News): The Trump administration has asked the U.S. Supreme Court to lift a lower court’s nationwide injunction that currently blocks the government from deporting migrants to third countries without prior notice or an opportunity to contest their removal — a move seen as part of the former president’s aggressive crackdown on immigration.
The Justice Department, in its filing, urged the court to reverse the ruling by U.S. District Judge Brian Murphy, who had halted the administration’s expedited deportation process.
The judge’s decision mandated that migrants must be allowed to raise fear-based claims before being deported to countries other than their own.
The administration argued that the process is crucial for deporting migrants with criminal records, claiming that countries of origin often refuse to accept them. “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 Justice Department stated.
Judge Murphy had previously ruled that deporting migrants without due process likely violated the Fifth Amendment of the U.S. Constitution, which guarantees notice and a fair hearing before significant government actions. He stressed that the Supreme Court, Congress, and “basic decency” demand fair treatment for all individuals, regardless of their immigration status.
The 1st U.S. Circuit Court of Appeals declined to suspend Murphy’s ruling on May 16, prompting the administration to appeal to the Supreme Court. Meanwhile, the administration was found in violation of Murphy’s injunction after attempting to deport South Sudanese migrants currently detained at a military base in Djibouti.
Those migrants, convicted of crimes including murder and arson, were reportedly removed without proper hearings. The administration defended the move by citing foreign policy complications and national security risks associated with their continued detention overseas.
Additionally, Judge Murphy modified his injunction to prevent the Department of Homeland Security from bypassing court orders by transferring migrants to other agencies, such as the Department of Defense, for expedited removal. This came after revelations that four Venezuelans were secretly flown from Guantanamo Bay to El Salvador.
Murphy has since warned the administration against any further unauthorized deportations, including potential removals to Libya, emphasizing that such actions would directly violate his court orders.
Immigrant rights groups have condemned the administration’s stance, warning it undermines constitutional protections and places vulnerable individuals at risk. The legal battle now lies in the hands of the Supreme Court, which will determine whether expedited third-country deportations can proceed without procedural safeguards.
