The DOJ submission represents the latest trip to the Supreme Court as it seeks a freer hand to pursue President Trump’s immigration crackdown.
Supreme Court will terminate Trump’s temporary protected status program
The Supreme Court said the Trump administration could move to strip more than 300,000 Venezuelan immigrants of temporary protected status.
May 27 (Reuters) – President Donald Trump’s administration on Tuesday called on the U.S. Supreme Court to intervene in efforts to rapidly deport immigrants to countries other than their own, without the opportunity to raise claims that they feared being persecuted, tortured or killed.
The Justice Department has requested that judges lift the national injunction for Boston-based US District Judge Judge Brian Murphy.
The administration’s submission represents the latest trip to the nation’s best judicial institutions as it seeks a more freer hand to pursue Trump’s crackdown on immigrants that hindered Republican presidential policies and lower court decisions.
The administration said Murphy’s injunction is potentially hindering thousands of P deprations.
The dispute comes after the Department of Homeland Security moved in February to determine whether it granted protections against being moved to its home country, and whether it could be sent to a third country.
Immigration rights groups have filed a class action lawsuit on behalf of immigrant groups seeking the opportunity to prevent rapid deportation to newly identified third countries without notice and to assert the harm they may face.
In March, the administration issued guidance stipulating that if a third country gives credible diplomatic guarantees that it does not persecute or torture migrants, individuals could be deported there without the need for further procedures.
Without such assurance, if an immigrant expresses fear of removal into the country, US authorities will assess the possibility of persecution or torture, and perhaps the possibility of referring the person to an immigration court.
Murphy issued a preliminary injunction in April, finding that the administration’s policy of implementing the removal of third countries without providing a meaningful opportunity to present a notification and fear-based claim is likely to violate due process protections under the fifth amendment of the US Constitution. Legitimate process protection generally requires the government to provide an opportunity for notification and hearing before taking certain adverse actions.
Murphy said the Supreme Court, Congress, “common sense” and “basic decency” all require immigrants to be given appropriate due process.
The Boston-based First Circuit Court of Appeals on May 16th refused to hold off Murphy’s decision.
The administration said its policies comply with due process requirements and that the judge’s injunction undermines the president’s “broad powers” over immigration.
Like previous cases that challenged Trump’s widespread executive action and initiative, the case raised further questions as to whether the administration was violating court orders. On May 21, Murphy ruled that the administration had violated his court order by attempting to expel the migrants to South Sudan.
