An appeals court on Monday allowed the Trump administration to continue, for now, to summarily deport immigrants to nations other than their home countries.
In a brief order, the U.S. Court of Appeals for the First Circuit blocked a ruling by Judge Brian E. Murphy of Massachusetts that would have required the administration to prioritize deportees’ home countries as destinations, and give deportees “meaningful notice” before sending them to an unfamiliar country.
Judge Murphy had already paused his own ruling so the government would have a chance to appeal. Monday’s ruling means the Trump policy can continue apace while litigation in the case continues. The order noted that the panel voted 2 to 1 to pause the ruling.
The practice of sending deportees to faraway and sometimes dangerous countries, often with just a few hours’ notice, has been one of the administration’s most high-profile attempts to create uncertainty for immigrants already in the United States.
The approach represents a reversal of the principle of “non-refoulement,” which holds that governments should not send people to places where they are at risk of torture or other persecution. Non-refoulement is woven through U.S. immigration law and an international treaty that was partially ratified by the United States in 1994.
The Supreme Court has twice before intervened in the case, blocking previous rulings from Judge Murphy. In July, the justices allowed eight men who were sent to Djibouti in violation of a preliminary order from Judge Murphy to be sent onward to South Sudan. Two justices also issued a harsh rebuke to one of Judge Murphy’s Massachusetts colleagues for failing to heed their orders.
During the beginning of President Trump’s second term, the First Circuit Court of Appeals, which covers much of New England and Puerto Rico, has been a favorable jurisdiction for litigants seeking to challenge the administration’s policies.
The three judges did not explain their reasoning in their brief order on Monday, but the ruling may be a sign that at least two of them are trying to follow similarly thin guidance from the Supreme Court on the topic.
A report released last month by Senate Democrats claimed that the administration had spent more than $32 million in taxpayer funds to persuade third countries to accept roughly 300 deportees. The countries include Eswatini, Rwanda and Ghana.
Judge Jeffrey R. Howard and Judge Seth R. Aframe voted to pause the lower court’s ruling and allow the deportations to continue, according to the order. The third judge on the panel, Judge Lara E. Montecalvo, voted to block the policy. Judge Howard was appointed by President George W. Bush; the other two judges are appointees of President Joseph R. Biden Jr.
In a statement, Trina Realmuto, a lawyer for the migrants in the case, said that “while the order unfortunately delays the restoration of our class members’ statutory and due process rights, we are glad that the First Circuit ordered a swift resolution of the merits of the case.” Monday’s order set an unusually brisk schedule to guide the case from here. The government’s opening brief is now due in two weeks.
The Department of Homeland Security praised the ruling in a statement, saying that it had “been vindicated by the First Circuit.” The statement referred to “activist judges” and accused them of interfering with the “lawful authority” of the department to “remove illegal aliens to a country willing to accept them.”
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