A federal judge on Wednesday blocked the Trump administration from deporting undocumented immigrants to so-called “third countries” without first providing notice and an opportunity to challenge their removal — a high-stakes decision that is likely to be appealed to the Supreme Court.
U.S. District Judge Brian Murphy, a Biden appointee, issued the ruling months after attorneys filed a class-action lawsuit in Boston challenging the Department of Homeland Security’s practice of deporting immigrants to countries other than their home nations or those previously designated in their removal orders.
Murphy sided with the migrants, concluding that DHS’s third-country removal policy is unlawful and violates due process protections under the U.S. Constitution.
“This case is about whether the government may, without notice, deport a person to the wrong country, or a country where he is likely to be persecuted, or tortured, thereby depriving that person of the opportunity to seek protections to which he would be undisputedly entitled,” Murphy said.
The Department of Homeland Security “has adopted a policy whereby it may take people and drop them off in parts unknown — in so-called ‘third countries,’ and, ‘as long as the Department doesn’t already know that there’s someone standing there waiting to shoot . . . that’s fine,’” Murphy continued.
“It is not fine, nor is it legal,” he said.
Murphy also rejected the Trump administration’s argument that certain immigrants living in the country unlawfully are not entitled to due process protections. He emphasized that the Constitution’s due process clause applies to all “persons” within the United States, regardless of immigration status.
“These are our laws, and it is with profound gratitude for the unbelievable luck of being born in the United States of America that this Court affirms these and our nation’s bedrock principle: that no ‘person’ in this country may be ‘deprived of life, liberty, or property, without due process of law,’” Murphy said.
Recognizing the significance and “unusual history” of the case, Murphy stayed his ruling for 15 days to give the Trump administration time to appeal to the U.S. Court of Appeals for the First Circuit.
This is a breaking news story. Please check back for updates.
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Way past time to get these blickity-blank “federal district court judges” out of the way (NOT violently)! Do we have to take away ALL their authority in order to make them realize they DON’T have the authority to override the President of the United States, and our Constitution, and they NEVER will!!
Hey Murphy, all that has to happen is we drop him off back at his point of origin and that is fair for an illegal alien. If he goes on his own then he can go where ever he wants. Why does an illegal alien have rights like a citizen not a criminal illegal alien? Sick of you sick judges. Invasion is invasion and we must ship these people where ever they will take em if they won’t self deport!
These unelected Federal Judges know damn well they have NO Constitutional authority over immigration decisions; the President has the final Constitutional authority to decide who stays and who goes. Article II gives the Executive Branch absolute authority to make those decisions. 18 USC spells out in detail the EXACT provisions for deporting illegals; and due process ONLY applies to a certain few of them.
Americans (mainly the Conservative Voters): Hello. this moiphy, another rogue judge…seems not aware that illegals are not citizens and HAVE NO RIGHTS under OUR CONSTITUTION. Get is straight !
They found their way into our country so they can find their way home. They should consider themselves fortunate that the US is not putting them in prison for many years.