The US Supreme Court has allowed the Trump administration to temporarily resume deporting migrants to third countries not named in their removal orders, leaving the policy in effect while the justices consider the case.
According to NPR, the court also agreed to hear arguments in December. The justices did not explain their decision to block a lower-court ruling, but asked the parties to address whether lower courts had jurisdiction to intervene and whether the policy violates due-process protections or international conventions against torture.
Administration calls policy essential
Solicitor General John Sauer described the policy as “an essential tool to remove certain aliens, including some of the worst criminal aliens”. In a filing dated Sept. 24, he wrote: “While certain aliens may benefit from stalling their removal, the Nation does not.”
The administration says it has deported tens of thousands of migrants to Mexico and countries in Africa and Latin America after their countries of origin refused to accept them.
Immigration groups warn of abuse
Tuesday’s ruling was the third time the Supreme Court has declined to halt deportations covered by orders issued by US District Judge Brian Murphy in Boston. Murphy has said migrants do not receive adequate notice or a meaningful opportunity to raise concerns about possible torture or abuse.
The National Immigration Litigation Alliance, which represents migrants in the case, said people deported without adequate safeguards had faced “prolonged and arbitrary detention, beatings and sexual assault, disappearance, and chain refoulement to countries from which the US had already granted them protection”.
“These harms cannot be undone,” lawyer Trina Realmuto wrote.
The Department of Homeland Security has said Murphy’s rulings caused logistical problems, including canceled flights, diplomatic tensions and delays in deporting people convicted of assault and drug offenses.
Three liberal justices dissented from Tuesday’s decision.