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A federal judge blocked the Trump administration from deporting illegal migrants to their non-origin country without due process.
In his decision on Friday, U.S. District Judge Brian Murphy argued that the Trump administration could not deport an illegal migrant to a country not explicitly mentioned in their “order of removal without first allowing them to raise concerns about their safety,” per ABC News.
“Defendants argue that the United States may send a deportable alien to a country not of their origin, not where an immigration judge has ordered, where they may be immediately tortured and killed, without providing that person any opportunity to tell the deporting authorities that they face grave danger or death because of such a deportation,” Judge Murphy wrote.
“All nine sitting justices of the Supreme Court of the United States, the Assistant Solicitor General of the United States, Congress, common sense, basic decency, and this Court all disagree,” he added.
As – News reported in early April, the Supreme Court lifted a block from U.S. District Judges James Boasberg that “prevented the Trump administration from deporting suspected illegal alien gang members under the 1798 Alien Enemies Act”:
While the ruling from the Supreme Court is a win for President Donald Trump and his administration, it was described as “narrow and focused on the proper venue for the cases, rather than on the administration’s use of a centuries-old law to justify its decision” to deport suspected illegal alien gang members, according to the New York Times.
Per the outlet, in a 5-4 decision, the Supreme Court justices found that “the migrants had improperly challenged their deportations in Washington, D.C.,” when they should have challenged them in Texas, “where they were being held.”
In his decision, Judge Murphy further argued that the Trump administration has “applied and will continue to apply the alleged policy of removing aliens to third countries without notice and an opportunity to be heard on fear-based claims — in other words, without due process.”
Murphy also alleged that the order will prevent migrants from being sent to countries where they could face potential torture, violence, or persecution.
“The irreparable harm factor likewise weighs in Plaintiffs’ favor. Here, the threatened harm is clear and simple: persecution, torture, and death. It is hard to imagine harm more irreparable,” he wrote.
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