Top US court hands Trump a win on deportations as SCOTUS challenge looms
Who's accountable for the results?
A federal appeals court on Wednesday granted the Trump administration's request to pause a lower court order that blocked it from deporting illegal immigrants to so-called "third countries" — granting a near-term reprieve to the administration just hours before the lower court's order was slated to take effect.
Trump administration lawyers had appealed the ruling to the First Circuit U.S. Court of Appeals last week, arguing that the order from U.S. District Judge Brian Murphy created an "unworkable scheme" that threatened to derail sensitive negotiations with outside countries, and risked derailing up to "thousands" of planned deportations.
They also argued Murphy's ruling cut against two previous Supreme Court emergency stays last year, after the high court intervened and allowed the administration to continue its deportation policy, for now.
US JUDGE ACCUSES TRUMP ADMIN OF ‘MANUFACTURING CHAOS’ IN SOUTH SUDAN DEPORTATIONS, ESCALATING FEUD
The case is all but certain to be punted to the high court for a full review on its merits, as senior Trump administration officials acknowledged earlier this year.
Murphy, a Biden appointee, sided with migrants last month in his 81-page ruling, determining that the Department of Homeland Security's third-country removal process — or the process by which migrants are removed from the U.S. to a country other than their country of origin — is unlawful and violates due process protections under the U.S. Constitution.
He ruled that the Trump administration must first try to deport the migrants to their home country, or to a country of removal previously designated by an immigration judge. Only after that process, he said, could migrants be removed to a third country, so long as "meaningful notice" is provided, as well as the opportunity for the migrants to raise any fear of persecution in the third country identified for their removal under a so-called "reasonable fear" interview.
The third-country removal policy "fails to satisfy due process for a raft of reasons, not least of which is that nobody really knows anything about these purported ‘assurances,’" Murphy wrote in his ruling, though he stayed it from taking force for 15 days in order to give the administration time to appeal.
Barring intervention from the U.S. appeals court, the order was slated to take force on Thursday.
FEDERAL JUDGES IN NEW YORK AND TEXAS BLOCK TRUMP DEPORTATIONS AFTER SCOTUS RULING
DHS officials have previously claimed an "undisputed authority" to deport criminal illegal migrants to third countries that have agreed to accept them.
"If …
Who's accountable for the results?
A federal appeals court on Wednesday granted the Trump administration's request to pause a lower court order that blocked it from deporting illegal immigrants to so-called "third countries" — granting a near-term reprieve to the administration just hours before the lower court's order was slated to take effect.
Trump administration lawyers had appealed the ruling to the First Circuit U.S. Court of Appeals last week, arguing that the order from U.S. District Judge Brian Murphy created an "unworkable scheme" that threatened to derail sensitive negotiations with outside countries, and risked derailing up to "thousands" of planned deportations.
They also argued Murphy's ruling cut against two previous Supreme Court emergency stays last year, after the high court intervened and allowed the administration to continue its deportation policy, for now.
US JUDGE ACCUSES TRUMP ADMIN OF ‘MANUFACTURING CHAOS’ IN SOUTH SUDAN DEPORTATIONS, ESCALATING FEUD
The case is all but certain to be punted to the high court for a full review on its merits, as senior Trump administration officials acknowledged earlier this year.
Murphy, a Biden appointee, sided with migrants last month in his 81-page ruling, determining that the Department of Homeland Security's third-country removal process — or the process by which migrants are removed from the U.S. to a country other than their country of origin — is unlawful and violates due process protections under the U.S. Constitution.
He ruled that the Trump administration must first try to deport the migrants to their home country, or to a country of removal previously designated by an immigration judge. Only after that process, he said, could migrants be removed to a third country, so long as "meaningful notice" is provided, as well as the opportunity for the migrants to raise any fear of persecution in the third country identified for their removal under a so-called "reasonable fear" interview.
The third-country removal policy "fails to satisfy due process for a raft of reasons, not least of which is that nobody really knows anything about these purported ‘assurances,’" Murphy wrote in his ruling, though he stayed it from taking force for 15 days in order to give the administration time to appeal.
Barring intervention from the U.S. appeals court, the order was slated to take force on Thursday.
FEDERAL JUDGES IN NEW YORK AND TEXAS BLOCK TRUMP DEPORTATIONS AFTER SCOTUS RULING
DHS officials have previously claimed an "undisputed authority" to deport criminal illegal migrants to third countries that have agreed to accept them.
"If …
Top US court hands Trump a win on deportations as SCOTUS challenge looms
Who's accountable for the results?
A federal appeals court on Wednesday granted the Trump administration's request to pause a lower court order that blocked it from deporting illegal immigrants to so-called "third countries" — granting a near-term reprieve to the administration just hours before the lower court's order was slated to take effect.
Trump administration lawyers had appealed the ruling to the First Circuit U.S. Court of Appeals last week, arguing that the order from U.S. District Judge Brian Murphy created an "unworkable scheme" that threatened to derail sensitive negotiations with outside countries, and risked derailing up to "thousands" of planned deportations.
They also argued Murphy's ruling cut against two previous Supreme Court emergency stays last year, after the high court intervened and allowed the administration to continue its deportation policy, for now.
US JUDGE ACCUSES TRUMP ADMIN OF ‘MANUFACTURING CHAOS’ IN SOUTH SUDAN DEPORTATIONS, ESCALATING FEUD
The case is all but certain to be punted to the high court for a full review on its merits, as senior Trump administration officials acknowledged earlier this year.
Murphy, a Biden appointee, sided with migrants last month in his 81-page ruling, determining that the Department of Homeland Security's third-country removal process — or the process by which migrants are removed from the U.S. to a country other than their country of origin — is unlawful and violates due process protections under the U.S. Constitution.
He ruled that the Trump administration must first try to deport the migrants to their home country, or to a country of removal previously designated by an immigration judge. Only after that process, he said, could migrants be removed to a third country, so long as "meaningful notice" is provided, as well as the opportunity for the migrants to raise any fear of persecution in the third country identified for their removal under a so-called "reasonable fear" interview.
The third-country removal policy "fails to satisfy due process for a raft of reasons, not least of which is that nobody really knows anything about these purported ‘assurances,’" Murphy wrote in his ruling, though he stayed it from taking force for 15 days in order to give the administration time to appeal.
Barring intervention from the U.S. appeals court, the order was slated to take force on Thursday.
FEDERAL JUDGES IN NEW YORK AND TEXAS BLOCK TRUMP DEPORTATIONS AFTER SCOTUS RULING
DHS officials have previously claimed an "undisputed authority" to deport criminal illegal migrants to third countries that have agreed to accept them.
"If …
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