The Trump administration asked the Supreme Court to let it resume deporting illegal aliens to "Safe Third Countries" if migrants cannot be sent to their home countries.
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The Trump administration asked the Supreme Court to let it resume deporting illegal aliens to “Safe Third Countries” if migrants cannot be sent to their home countries.
In an emergency filing Thursday afternoon, Solicitor General D. John Sauer asked the justices to put a hold on a February ruling by U.S. District Judge Brian Murphy, a Biden appointee, that threw out the Department of Homeland Security’s third-country removal policy. The 42-page application is the third time the administration has brought this fight to the high court.
The so-called “Safe Third Countries” are nations that were never named on a migrant’s removal order. The administration relies on them because many home governments simply refuse to take their own citizens back.
Sauer told the justices the policy has been running for 15 months and has already moved thousands of detainees out of the country, with thousands more eligible to go. He described the people it targets as “some of the worst of the worst criminal aliens” whose home countries will not accept them.
DHS had to scrap a flight to three separate countries carrying 70 deportees, some with criminal records.
The First Circuit upheld most of Murphy’s ruling on Sept. 18. Late Wednesday, after lawyers for the migrants flagged a planned flight to several African countries, the appeals court dissolved the pause it had placed on that ruling in March. Murphy’s order snapped back into force. Sauer said the government could not carry out removals at all.
Justice Ketanji Brown Jackson handles emergency applications out of the First Circuit. She gave the migrants’ lawyers until 4 p.m. Monday to respond.
Trina Realmuto, an attorney with the National Immigration Litigation Alliance, argued the appeals court had already settled the question. She claimed the administration wants to keep sending people to countries where they face life-threatening conditions.
Human rights groups count more than 25,000 migrants deported to 29 countries since the policy started, the vast majority of them to Mexico. Marco Rubio’s State Department has struck “Safe Third Country” agreements with up to 31 nations, mostly in Africa and Latin America, at a cost of at least $410 million authorized or pledged through the end of June.
The Supreme Court has sided with the administration twice already in this case.
