A lower court judge blocked the administration’s ability to remove illegal immigrants to South Sudan and other third countries.
President Donald Trump is asking the Supreme Court to block a lower court order restricting the Department of Homeland Security’s (DHS) ability to deport illegal immigrants to nations other than their home countries.
“On behalf of a nationwide class of aliens with final orders of removal, the district court issued an extraordinary preliminary injunction that restrains DHS from exercising its undisputed statutory authority to remove an alien to a country not specifically identified in his removal order (i.e., a ’third country’), unless DHS first satisfies an onerous set of procedures invented by the district court to assess any potential claim under the Convention Against Torture,” the Justice Department said in a filing on May 27.
It added that, “Those judicially created procedures are currently wreaking havoc on the third country removal process.”
The administration said it had been removing individuals to South Sudan, but was blocked by U.S. District Judge Brian Murphy in Massachusetts.
According to the department’s filing, the administration “was in the process of removing a group of criminal aliens who had been in the country for years or decades after receiving final orders of removal, despite having committed horrific crimes.”
That included people convicted of murder, sexually abusing a child, and sexually abusing a mentally handicapped woman.
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Murphy has issued multiple orders over the past few months blocking potential deportations. In April, he said that individuals should be given a chance to explain why deportation to a new country would “likely result in their persecution, torture, and/or death.”
“This small modicum of process is mandated by the Constitution of the United States,” he added.
“[The Department of Justice] has asked the Supreme Court to intervene to stop this insanity so that President Trump can continue to deport the worst of the worst illegal aliens.”
This is a developing story and will be updated.
