A U.S. appeals court on Monday upheld an order temporarily preventing the Trump administration from deporting individuals to countries not previously mentioned in their immigration proceedings, unless they can demonstrate they face a risk of persecution or torture.
A three-judge panel of the 1st U.S. Circuit Court of Appeals in Boston rejected a request from the Trump administration to lift the nationwide temporary restraining order issued on March 28. The ruling has hindered the government’s ability to expedite deportations of thousands of migrants who are unable to be sent back to their home countries, in some cases due to legal protections.
In seeking to lift the order, the U.S. Department of Justice argued that the ruling could undermine the executive branch’s ability to negotiate the return of individuals to countries they are not citizens of.
However, the 1st Circuit panel noted that temporary orders are typically not subject to appeal, unlike longer-term preliminary injunctions. U.S. District Judge Brian Murphy is scheduled to consider whether to issue such an injunction during a hearing on Thursday. The U.S. Department of Homeland Security did not respond to a request for comment.
Immigrant rights groups filed a lawsuit last month to block the administration from deporting migrants with final removal orders to countries that were not previously involved in their immigration proceedings. The lawsuit, which represents a group of migrants, challenged a policy by U.S. Immigration and Customs Enforcement that aimed to expedite the deportation of migrants released from detention.
The migrants’ legal team argued that the policy could result in deporting individuals to third countries where they would face potential persecution, torture, or death without proper legal procedures. On March 28, Judge Murphy determined that the plaintiffs had a strong case, suggesting that the administration’s actions could violate their due process rights.
In a written ruling, Murphy noted that the administration had shown little concern that without judicial oversight, deportations violating the Convention Against Torture could occur immediately and routinely.
While the appeal was ongoing, the Department of Homeland Security issued new guidance requiring that before a migrant is deported to a third country, that country must provide diplomatic assurances that the individual would not face persecution or torture.
The Justice Department has requested that Judge Murphy reconsider his restraining order in light of the new guidance, but the plaintiffs’ lawyers argue that it does not offer sufficient protection for migrants at risk of torture.
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