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US Supreme Court Allows Third-Country Deportation Policy to Resume

LawUS Supreme Court Allows Third-Country Deportation Policy to Resume

The U.S. Supreme Court on Wednesday granted a request from the Trump administration to temporarily resume a policy of deporting migrants to countries other than their own while legal challenges proceed. The court also announced it will hear arguments on the legality of the policy in December.

The order places a hold on a ruling by U.S. District Judge Brian Murphy of Boston, who had determined that the Department of Homeland Security’s policy to remove migrants to so-called third countries was unlawful. The Department of Justice requested the stay, informing the court that Judge Murphy’s decision had forced the cancellation of a deportation flight.

The policy in question allows for the rapid expulsion of certain migrants without affording them an opportunity to present a case that they would face harm in the destination country. According to a tally by human rights organizations, over 25,000 people have been deported to 29 different nations under the policy since its implementation last year, with a majority sent to Mexico.

Other countries that have received individuals under the third-country deportation policy include South Sudan, Uganda, Equatorial Guinea, Liberia, and the Central African Republic, according to the same human rights groups. The U.S. State Department currently has a travel advisory for South Sudan, citing risks of crime, kidnapping, and armed conflict.

In the brief order issued Wednesday, the court’s three liberal justices noted their dissent. This is the second time the case has come before the Supreme Court on an emergency basis. In a previous ruling last year, the justices also permitted the administration to continue the deportation flights temporarily.

A formal ruling on the merits of the policy is expected after the court hears oral arguments in December.

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