A federal judge in Boston, Brian Murphy, issued a nationwide temporary restraining order blocking President Trump’s administration from deporting migrants to countries with which they have no existing relationship without giving them a chance to raise claims of persecution or torture. The move comes in response to a lawsuit filed by a group of migrants challenging a policy adopted by U.S. Immigration and Customs Enforcement that aimed to fast-track the deportations of thousands of migrants who had been previously released from detention. The February 18 directive instructed officers to review all cases of individuals previously released from detention for re-detention and removal to a third country without notice or opportunity to present a fear-based claim.
Murphy’s decision came after the plaintiffs argued that the policy exposed individuals to the risk of deportation to dangerous countries without due process. The judge noted that migrants have protections under the Convention Against Torture against being removed to countries where they face torture. He ruled that the administration cannot deport individuals to a country other than the one designated for removal in immigration proceedings without providing written notice and a chance to submit a fear-based claim.
The judge’s order will remain in effect until he can rule on the plaintiffs’ request for a longer-term preliminary injunction, with a hearing scheduled for April 10. The Justice Department, U.S. Department of Homeland Security, and ICE did not immediately respond to requests for comment.
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