The ruling prevents the removal of noncitizens to nations different from their country of origin.
A federal judge intervened on Friday, halting the Trump administration’s practice of deporting noncitizens to countries other than their place of origin without affording them proper legal procedures.
U.S. District Judge Brian Murphy granted an injunction that prohibits the Trump administration from deporting any noncitizen to a nation not specified in their removal order, unless they are first given a chance to voice fears about their safety.
“Defendants contend that the United States can send a deportable individual to a country that is not their origin, not where an immigration judge directed, where they might face immediate torture and death, without giving that person any chance to inform deporting authorities they face grave danger or death due to such deportation,” Judge Murphy stated in his writing.
“All nine current justices of the United States Supreme Court, the U.S. Assistant Solicitor General, Congress, common sense, fundamental decency, and this Court concur in disagreement.”
This decision obstructs the Trump administration’s strategy of sending noncitizens to nations such as El Salvador, Honduras, or Panama, even when these individuals do not possess a removal order specifically for those countries.
Last month, the Trump administration utilized the Alien Enemies Act to deport two aircraft filled with alleged Venezuelan gang members to the CECOT mega-prison in El Salvador, providing minimal or no due process.
Judge Murphy pointed out that Trump administration officials “have implemented and intend to continue implementing the purported policy of removing aliens to third countries without notification and a chance to be heard on fear-based claims – essentially, without due process.”
He asserted that his order safeguards against the irreversible damage of sending noncitizens to countries where they could encounter persecution, torture, or death, lacking the opportunity to contest their removal legally.
“The factor of irreparable harm also supports the Plaintiffs. In this instance, the threatened harm is stark and straightforward: persecution, torture, and death. It is difficult to conceive of harm more irreparable,” he wrote.
Judge Murphy’s directive mandates that the Trump administration furnish noncitizens with written notification prior to their removal to a third country, along with a “meaningful opportunity” to express safety concerns, which includes allowing at least 15 days to request reopening their immigration cases.
Furthermore, he certified a class action, meaning the order extends beyond the specific plaintiffs to encompass any noncitizen facing a final order of removal.
In a related matter, Judge Murphy is evaluating whether the Trump administration breached his earlier temporary restraining order by deporting at least three men to El Salvador without permitting them to articulate safety concerns. This issue remains under his consideration.