The Supreme Court lifted the injunction against deporting illegal immigrants to a country other than their country of origin, known as sending them to a “third country,” and announced it will hear a case on the Trump administration’s policy.
The case, D.V.D. v. Department of Homeland Security, is about whether the government can deport illegal immigrants with final removal orders to third countries without providing due process protections that allow them to object.
Justices will add the case to the December docket. The decision was 6-3.
Plaintiffs challenged the policy, arguing that the Department of Homeland Security must give them notice of the proposed third country and an opportunity to assert that they would face persecution or torture there.
U.S. District Judge Brian E. Murphy, a Biden appointee, first imposed an injunction on the removals on due process grounds.
The U.S. 1st Circuit Court of Appeals upheld a lower court ruling siding with the plaintiffs against the Trump administration. It also ruled the new policy violated the Administrative Procedure Act.
The administration made bilateral agreements with several other countries. The administration has deported more than 25,000 people to more than two dozen countries, the Associated Press reported. In its appeal to the Supreme Court and the administration argued the injunction halted 70 flights.
The Department of Homeland Security adopted the policy in response to an executive order from Trump on deportation. It applies to illegal immigrants with final deportation orders. If a home country will not accept an immigrant, or if an immigrant does not qualify for asylum but fears torture or violence if returned, the Department of Homeland Security may send the person to a different country.
Four people with final removal orders sued to stop the policy in March.
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[ H/T The Daily Signal ]
