The U.S. government has asked the Supreme Court to intervene in a legal dispute over deporting immigrants to countries not listed in their removal orders. On May 27, the government filed a petition seeking to pause a Massachusetts federal judge’s order that limits such deportations.
Lawyers for a group of immigrants facing deportation urged the Supreme Court to uphold the order issued by U.S. District Judge Brian Murphy. The order bars the government from deporting these individuals to third countries unless it follows safeguards to ensure they will not face torture.
The order does not block all third-country removals but requires the government to comply with legal procedures, immigrant advocates said in a 40-page response to the Trump administration’s request to pause the order while appealing.
Justice Department official D. John Sauer argued the order hinders efforts to deport some of the “most egregious illegal immigrants,” including migrants the government is attempting to send to South Sudan. These migrants are currently detained at a military base in Djibouti.
The dispute began in March when four immigrants with removal orders sued after the Department of Homeland Security (DHS) issued internal guidance directing Immigration and Customs Enforcement (ICE) to consider deporting undocumented immigrants to countries other than their home nations if returning home risked torture.
On March 30, the Trump administration released further guidance detailing steps DHS must take before deporting immigrants to countries not listed in removal orders unless those countries guarantee no torture will occur.
The immigrants argue this guidance puts them at risk of being deported to third-party countries without proper notice or legal safeguards.
Judge Murphy’s temporary injunction prohibits deportations to third countries unless the government notifies immigrants and their lawyers in writing and provides a meaningful chance to challenge the deportation.
Sauer asked the Supreme Court to intervene, claiming the requirement to follow judicial procedures has disrupted third-country deportations and U.S. diplomatic efforts.
Immigrant attorneys counter that the government’s difficulties stem from its own decisions to defy court orders and resist remedies for those violations.
They urge the Court to deny the government’s request, arguing the administration is unlikely to succeed in its appeal. They also highlight recent government attempts to deport immigrants as punitive measures to dangerous countries with minimal notice.
The immigrants warn that suspending the order would expose them to deportation to places where they face possible torture or death without legal recourse, while continuing the order simply requires the government to comply with the law.
Related Topics
