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Politics

Supreme Court lets Trump resume third-country deportations

The US Supreme Court on Tuesday let the Trump administration resume deporting migrants to countries other than their own without giving them the chance to show the harms they may face, the third time it has allowed the practice to continue while the legal fight plays out.

By Tom Ellery · · 2 min read

The US Supreme Court on Tuesday granted a Justice Department request to put on hold a ruling by Boston-based US District Judge Brian Murphy that the Department of Homeland Security’s third-country deportation policy is unlawful, allowing the Trump administration to resume deporting migrants to countries other than their own without offering them the chance to show the harms they may face. It is the third time the court has allowed the administration to carry out the practice while the challenge proceeds. The three liberal justices dissented.

More than 25,000 migrants have been deported to 29 countries under the policy, implemented last year, according to a tally by human rights groups, with the vast majority going to Mexico. The administration has also sent deportees to South Sudan, Uganda, Equatorial Guinea, Liberia and the Central African Republic.

In February, Judge Murphy ruled the policy violated immigration law procedures and due process under the US Constitution’s Fifth Amendment; the Boston-based 1st US Circuit Court of Appeals upheld most of that ruling on 18 September. Solicitor General John Sauer called third-country deportations “an essential tool to remove certain aliens, including some of the worst criminal aliens.”

But lawyers for the migrants said the policy was being used against longtime US residents, many without criminal histories, causing “grave and irreversible harms” including disappearances, beatings and sexual assaults, and urged the court to keep the pause. The court said it would hear full arguments in the case in December.

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