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US Supreme Court allows third-country deportations to resume pending review

The court put a judge’s ruling on hold, allowing the Trump administration to resume deporting migrants to countries other than their own while it considers the policy.

US Supreme Court allows third-country deportations to resume pending review
Photo: illustrative photo · Cyprus Inform

Boston, United States. The US Supreme Court on Tuesday allowed President Donald Trump’s administration to resume deporting migrants to countries other than their own without giving them a chance to describe the harms they may face. The court put a ruling against the policy on hold while the case continues.


Legal challenge

The court granted an emergency request from the Justice Department to suspend a ruling by Boston-based US District Judge Brian Murphy. Murphy had found that the Department of Homeland Security’s third-country deportation policy was unlawful.

The ruling came in a class-action lawsuit filed by immigrant rights groups on behalf of migrants seeking notice and an opportunity to raise concerns about potential harm before being sent to third countries. The Supreme Court will hear arguments in December and issue a formal ruling on the policy afterward.

The court has a 6-3 conservative majority. Its three liberal justices dissented from the decision to allow deportations to resume while the litigation proceeds.

Deportations under the policy

More than 25,000 migrants have been deported to 29 countries under the policy, which was implemented last year, according to a tally by human rights groups. The vast majority were sent to Mexico.

The policy is among measures the administration has used in pursuit of Trump’s goal of mass deportation. The Republican president has made a sweeping immigration crackdown a top priority since returning to office last year.

Third-country destinations have included South Sudan, Uganda, Equatorial Guinea, Liberia and the Central African Republic. The US State Department advises Americans to avoid South Sudan because of risks including crime, kidnapping and armed conflict.

Reactions

Department of Homeland Security General Counsel James Percival welcomed the decision, writing on social media: “A bad day for criminal illegals and open-borders activists alike.”

Trina Realmuto, a lawyer for the plaintiffs at the National Immigration Litigation Alliance, said the decision “allowed the administration to resume sending people to third countries where they face persecution or torture.” She called it “a devastating result for people who may be put on a plane before they ever have notice or an opportunity to raise a fear claim.”

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