Judge Blocks Trump Admin’s Deportations Without Challenge

Wooden gavel resting on a judge's desk.

Federal judge Brian E. Murphy has temporarily blocked the Trump administration from deporting migrants to third countries without allowing them to contest the safety of their removal, dealing a significant setback to President Trump’s accelerated deportation policies.

Key Takeaways

  • Judge Murphy ruled that migrants with final removal orders must have a “meaningful opportunity” to argue against deportation to third countries if those destinations pose danger.
  • The Trump administration has agreements with several countries including Panama, Costa Rica, and El Salvador to accept deportees from other nations.
  • The court decision prevents deportations under both the administration’s third-country policy and its attempted use of the 1798 Alien Enemies Act.
  • Advocacy groups including the ACLU and National Immigration Litigation Alliance successfully argued the policies violated due process protections.
  • The ruling affects individuals who cannot be returned to their home countries but are being sent to nations where they have no ties.

Court Halts Fast-Track Deportation Program

The nationwide temporary restraining order issued by U.S. District Judge Brian E. Murphy prevents the Trump administration from deporting individuals to countries not identified during their original immigration proceedings without first allowing them to present fear-based claims. The ruling specifically targets an Immigration and Customs Enforcement policy that sought to streamline deportations by sending migrants to third countries when deportation to their homelands proved difficult. Judge Murphy, who was appointed by President Biden, sided with advocacy groups that filed the lawsuit in Boston.

During court proceedings, Judge Murphy expressed surprise at the government’s position, 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.”

Alien Enemies Act Invocation Blocked

In a separate but related decision, a federal appeals court denied the Trump administration’s request to lift another temporary restraining order blocking deportations under the 1798 Alien Enemies Act. The administration had attempted to invoke this rarely-used law, which allows presidential action against citizens of foreign countries during a “declared war” or “invasion.” Legal experts have pointed out that the act has historically been used during wartime, most notoriously during World War II for the internment of Japanese Americans.

“Today’s decision by the D.C. Circuit denying the Trump administration’s attempt to stay the temporary restraining order issued by Judge Boasberg is an important step for due process and the protection of the American people. President Trump is bound by the laws of this nation, and those laws do not permit him to use wartime powers when the United States is not at war and has not been invaded to remove individuals from the country with no process at all,” Skye Perryman said.

The lawsuit challenging the use of the Alien Enemies Act was filed by the American Civil Liberties Union, Democracy Forward, and the ACLU of the District of Columbia. These organizations characterized the administration’s attempted use of the act for immigration enforcement as unprecedented and potentially unconstitutional. The court’s decision ensures that individuals cannot be deported to foreign detention facilities without judicial review or due process protections.

Real Human Impact

The cases that prompted these legal challenges involve migrants with compelling personal circumstances. One plaintiff is a Guatemalan man who was sent to Mexico, where he had previously experienced assault, and is now reportedly in hiding in Guatemala. Another plaintiff is a Honduran national who cannot be returned to Honduras but fears being sent to a third country during a mandatory check-in with Immigration and Customs Enforcement in Dallas.

“The decision means that hundreds of individuals remain protected from being sent to a notorious black-hole prison in a foreign country, without any due process whatsoever — perhaps for the rest of their lives,” said Lee Gelernt.

Reports indicate that migrants from Africa and Asia have been deported to countries like Panama despite having no previous connections there. Judge Murphy emphasized protections under the Convention Against Torture, which prohibits removal to countries where torture is likely. Under the court order, the administration is now barred from deporting individuals to non-designated countries without providing notice and an opportunity to submit a fear-based claim.

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