Trump Administration Seeks Supreme Court Approval for Deportations

The Trump administration is asking the Supreme Court to authorize the resumption of deportations to what they refer to as “Safe Third Countries” if migrants cannot be returned to their home nations.

In an emergency request submitted on Thursday, Solicitor General D. John Sauer urged the justices to stay a ruling from U.S. District Judge Brian Murphy, who was appointed by Biden. This ruling, issued in February, invalidated the Department of Homeland Security’s policy regarding removals to third countries. This marks the administration’s third appeal to the Supreme Court on this matter.

The countries labeled as “Safe Third Countries” had not been specified in the removal orders for the migrants. The administration relies on these countries since many original governments are unwilling to accept their citizens back.

Sauer informed the justices that the policy has been operational for 15 months and has successfully deported thousands of detainees, with many more awaiting removal. He described the targeted individuals as “some of the worst of the worst criminal aliens,” whose home countries refuse to take them back.

A recent planned flight to deport 70 individuals, including some with criminal records, to three different countries had to be canceled due to these developments.

On September 18, the First Circuit upheld most of Murphy’s ruling. Following an alert from the migrants’ legal representatives about a pending flight to several African nations, the appeals court lifted a pause on that ruling that had been in place since March. As a result, Murphy’s order was reinstated. Sauer stated that the government would be unable to proceed with any removals.

Justice Ketanji Brown Jackson, who oversees emergency applications from the First Circuit, has given the migrants’ legal team until 4 p.m. on Monday to reply.

Trina Realmuto, an attorney with the National Immigration Litigation Alliance, argued that the appeals court has already addressed the issue at hand. She expressed concerns that the administration is persisting in deporting individuals to countries where they may encounter life-threatening situations.

Human rights organizations report over 25,000 migrants have been deported to 29 different countries since the inception of this policy, with the majority sent to Mexico. Under Marco Rubio’s State Department, the U.S. has negotiated “Safe Third Country” agreements with as many as 31 nations, primarily in Africa and Latin America, at a financial commitment that reaches at least $410 million authorized or pledged through the end of June.

Notably, the Supreme Court has already ruled in favor of the administration on this issue twice before.