Washington: President Donald Trump’s administration has asked the US Supreme Court to let it deport migrants to other countries without giving them any warning or chance to explain why they may be in danger.
The request is part of the president’s push to accelerate deportations and crack down on immigration.
The Ministry of Justice requested that the judges lift Boston-based US district judge Brian Murphy’s nationwide injunction, which requires migrants to be able to seek legal relief from deportation before being sent to so-called “third countries” while litigation in the case continues.
The administration said in its filing that the third -country process is critical for removing migrants who commit crimes, as their countries of origin are often unwilling to take them back.
“As a result, criminal aliens are often allowed to stay in the United States for years for years and sacrifice law -abiding Americans in the meantime,” the judges said.
The filing marked the administration’s latest appeal to the country’s highest court as it seeks greater freedom to enforce Trump’s hardline immigration policy and challenge decisions with lower legal courts that have blocked them.
The administration claimed that Murphy’s injunctions potentially hold up thousands of deportations. It said the decision “disrupts sensitive diplomatic, foreign policy and national security efforts.”
In February, the Department of Homeland moved security to determine if people who gave protection against the removal of their home countries could instead be detained and sent to a third country.
Immigration rights groups filed a lawsuit on behalf of migrants wishing to stop rapid deportation to third countries without prior notice or a chance to explain the dangers they may have.
In March, the administration issued a guidance that if a third country offers credible diplomatic insurance policies, it will not pursue or torture migrants, individuals may be deported there “without the need for further procedures.”
Without such security, if the migrant expresses fear of removing this country, US authorities would assess the risk of persecution or torture, which may refer to an immigration court.
Judge Murphy issued a preliminary injunction in April and found that the policy of “performing the removal of third country without giving a message and a meaningful opportunity to present fear -based claims” probably violates the protection of the process according to the fifth change of the US constitution. These protections generally require the government to give notice and consultation before taking significant actions.
Murphy said the Supreme Court, Congress, “Common sense” and “Basic decency” all require migrants to have sufficient proper process.
On May 16, the Boston-based 1st. US Appeals Court refused to pause Murphy’s decision.
The administration maintained that its policy fulfills the proper process standards and claimed that the judge’s injunction weakens the president’s “broad authority” over immigration.
As with previous legal blows to Trump’s sweeping performing actions, this case raised further concerns about whether the administration is defying court decisions.
On May 21, Murphy gave up that the administration had violated its order by trying to deport migrants to South Sudan.
The migrants, now held on a military base in Djibouti, had all committed “abominable crimes” in the United States, including murder, arson and armed robbery, according to the administration.
“As a result, the United States have been set to the intolerable choice of keeping these foreigners for further procedures on a military facility on foreign land – where every day of their continued inclusion risks serious damage to US foreign policy – or bring these convicted criminals back to America,” the Ministry of Justice said.
Murphy also ordered non-citizens to be given at least 10 days to raise claims that they fear for their security.
In a separate step, Murphy changed his injunction to prevent the Department of Homeland Security Sidestepping his decision by transferring control of migrants to other agencies for rapid deportation. This came after the administration claimed that the US Department of Defense was not bound by the court’s order.
This argument followed the government’s admission that the Department of Defense had flown four Venezuelans held at the US naval base in Guantanamo Bay, Cuba, to El Salvador after Murphy’s original decision.
After Reuters reported in May that the US military could deport a group of migrants to Libya for the first time, Murphy issued a warning that such removals would “clearly violate” his decision.
