A federal judge, on Friday, issued a temporary block against the Trump administration’s practice of deporting individuals who have exhausted their legal appeals to countries other than their native lands, without giving them an opportunity to argue that such a move may compromise their safety.
U.S. District Judge Brian E. Murphy’s ruling emphasizes that individuals with final removal orders must be given “a meaningful opportunity” to assert that being relocated to a third country poses significant danger warranting protection. This order remains effective until the case proceeds to the next phase of legal arguments.
This ruling poses a challenge for the administration, which has been transferring individuals to nations like Panama, Costa Rica, and El Salvador when direct deportation to their own countries is problematic. In certain instances, judges have ruled that a person’s home country is too perilous, prompting authorities to consider sending them to a third country.
The Department of Homeland Security has yet to respond to requests for comment, although attorneys representing the administration claim that a temporary halt would disrupt immigration enforcement activities.
Murphy, who holds his position following an appointment from President Joe Biden, sided with advocacy groups such as the National Immigration Litigation Alliance. These groups filed a lawsuit in Boston on Sunday on behalf of individuals who have either been transferred to third countries or are apprehensive about facing such transfers imminently.
One of the plaintiffs, a Guatemalan man identified only by his initials in court documents, was deported to Mexico, where he states he had been a victim of sexual assault in the past. Although a U.S. immigration judge determined that returning him to Guatemala would not be safe, he did not have the opportunity to challenge his deportation to Mexico. As a result, the man is now “hiding” in Guatemala.
In another case, an immigration judge concluded that a different plaintiff could not be sent back to Honduras. She is now concerned about potentially being deported to a third country during her mandatory check-in next week at the U.S. Immigration and Customs Enforcement office in Dallas.