The Trump administration has asked the U.S. Supreme Court to lift a federal injunction blocking the expedited deportation of migrants to third countries without due process. This move follows U.S. District Judge Brian Murphy's April ruling that such deportations, without prior notice or a chance to raise claims of persecution or torture, likely violate the Fifth Amendment.
The Justice Department argued that removing criminal migrants to countries other than their own is vital, as some home nations refuse repatriation. Officials said the injunction disrupts foreign policy and delays deportations of migrants convicted of crimes like murder and arson.
The administration’s 2025 policy allows deportation to third countries if they provide diplomatic assurances of safety. Otherwise, migrants must undergo fear assessments and possibly face immigration court hearings. Immigrant rights groups have challenged this in a class-action lawsuit, citing risks of deportation to nations with severe human rights abuses.
Judge Murphy’s injunction requires at least 10 days for migrants to assert fear-based claims and bars deportation through other U.S. agencies like the Department of Defense. Murphy reinforced this after the Pentagon flew migrants from Guantanamo to El Salvador, sidestepping the order.
The Justice Department warned that holding migrants at a military base in Djibouti threatens U.S. foreign relations and urged the Supreme Court to intervene. Migrants sent to countries such as South Sudan or potentially Libya may face life-threatening conditions, raising alarms among legal and human rights advocates.
This case underscores a broader clash between Trump’s immigration enforcement strategies and judicial oversight, with critical implications for due process and international law compliance.