WASHINGTON (Diya TV) — The Supreme Court on Tuesday allowed the Trump administration to resume expedited deportations to countries other than immigrants’ own while it reviews the policy’s legality.
The justices put a Massachusetts federal court ruling on hold and agreed to hear Department of Homeland Security v. D.V.D. in December. Justices Sonia Sotomayor, Elena Kagan and Ketanji Brown Jackson said they would have denied the administration’s request for a stay. The order did not resolve whether the policy is lawful.
U.S. District Judge Brian Murphy ruled in February that the government must provide notice and a meaningful opportunity to raise fears of persecution or torture before sending someone to a third country. The Boston-based First U.S. Circuit Court of Appeals largely upheld his decision on Sept. 18.
The dispute concerns people with final deportation orders whom the government cannot return to the countries listed in those orders. Both sides agree that immigration officials can arrange removal to another country under certain conditions. They disagree over the safeguards officials must provide before removal.
Under the challenged policy, officials can deport someone promptly if the receiving country provides diplomatic assurances against persecution or torture. Without those assurances, officials provide notice and an opportunity to raise safety concerns, according to the administration’s Supreme Court filing.
Government lawyers argued that the lower court’s requirements disrupted deportation operations and diplomatic arrangements. They said the ruling forced officials to cancel a flight carrying people with criminal convictions to several countries.
Lawyers for the immigrants argue that diplomatic assurances cannot replace an individual opportunity to challenge removal. They say the policy exposes people to persecution or torture, including some who already have protection against deportation to their home countries.
In December, the justices will consider whether the lower court had authority to hear the claims and grant relief across the class of immigrants. They will also examine whether the policy violates federal immigration law, constitutional due process protections or laws implementing the Convention Against Torture.
