A federal court lifted a lower court’s order that prohibited President Donald Trump from deporting individuals to countries that they are not citizens of without a chance to challenge such a measure. The Boston-based First Circuit U.S. Court of Appeals blocked Judge Brian Murphy’s ruling that Trump’s deportation tactic violates immigrants’ due process.
Murphy ruled on Feb. 25 that the Trump administration’s deportations without notice violated the due process — a right guaranteed by the Fifth Amendment — of undocumented immigrants. In the process of hearing oral arguments, the Supreme Court intervened in Murphy’s case and lifted the preliminary injunction, allowing for eight men to be deported to South Sudan. After Murphy reached his ruling, the Trump administration appealed to the Boston Court of Appeals. The court responded by lifting Murphy’s order, which invalidated Trump’s new deportation policy. However, the case remains pending in the appellate court.
The Trump administration’s new immigration policy — “third-country deportation” — allows for the deportation of undocumented immigrants to countries other than their country of origin. This form of deportation is legal under the Immigration and Nationality Act; however, the legality of deporting without asylum protection or safeguards is being challenged in court. Close to a dozen countries have agreed to take in immigrants, leaving them to be jailed or deported to their home country upon arrival, while the U.S. covers the expenses.
Critics have raised concerns about the safety and cost-effectiveness of third-country deportations.
During a visit to South Sudan, staff of the U.S. Senate Foreign Relations Committee found a gated house with guards, which held deported immigrants, including some from Mexico and Vietnam.
Costa Rica, El Salvador, Eswatini, Mexico, Panama, Rwanda, South Sudan and Uganda are the eight countries currently accepting undocumented immigrants who have no roots within their borders. The Trump administration has sent $7.5 million, from the Migration and Refugee Assistance emergency fund, to Equatorial Guinea to take in noncitizens deported to West Africa. The MRA was created for the U.S. government to support refugees. Funding from the MRA was sent directly to the nation’s government, whose president — Teodoro Obiang Nguema Mbasogo — has been in power for 46 years and has faced accusations, along with his son, for embezzling millions.
In addition to Equatorial Guinea, the administration has sent an estimated sum of $4.5-7.5 million to Rwanda, El Salvador, Eswatini and Palau each. The number of immigrants each country received varied as well. El Salvador has attained 250 immigrants, while countries such as Palau have received none.
The court of appeals expedited the process and will hear oral arguments over the legality of Trump’s third-country deportation in April.
