U.S. District Court sets aside third-country deportation policy
Change
U.S. District Judge Brian E. Murphy set aside the Trump administration’s third-country deportation policy as unlawful and stayed his order for 15 days to give the government time to appeal.
Why it matters
Immigration officials in the judge’s jurisdiction are now required to provide migrants with meaningful notice of proposed removal to a third country and an opportunity to object before executing those removals. Rapid deportations that remove individuals before such challenges can be raised are blocked while the court’s procedures apply.
Implications
- • Department of Homeland Security (DHS) officials overseeing third-country removals must provide class members with meaningful notice of the proposed country of removal and an opportunity to object before executing removals, because removals that proceed without those procedures will be set aside as unlawful.
- • Immigration and Customs Enforcement (ICE) removal teams must delay planned third-country deportation flights for putative class members until the notice-and-challenge procedures are completed or the court stay expires, because removals carried out earlier risk reversal.
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