A federal judge issued a temporary restraining order on Friday against the Trump administration fast-tracking deportations of illegal aliens and sending them to other countries such as El Salvador.
U.S. District Judge Brian Murphy argued that President Donald Trump and his administration must give illegal aliens facing deportation from the United States, “a chance to raise claims that they would face persecution or torture,” if sent to countries that are not “identified during immigration proceedings,” according to NBC News.
Per NBC News:
U.S. District Judge Brian Murphy in Boston issued a nationwide temporary restraining order designed to protect people subject to final order of removal from being swiftly deported to countries other than those that had already been identified during immigration proceedings.
According to the outlet, Murphy’s decision comes in response to a lawsuit filed by migrants “represented by immigrant rights advocates challenging a policy U.S. Immigration and Customs Enforcement recently adopted that is aimed at fast-tracking” thousands of migrants out of the U.S.
Murphy’s decision also comes after U.S. District Judge James Boasberg ordered the Trump administration to halt efforts to deport suspected members of the Venezuelan gang Tren de Aragua (TdA) until he was able to determine whether or not Trump’s invoking of the 1798 Alien Enemies Act was legal.
Trump previously invoked the Alien Enemies Act for the expedited removal of illegal aliens suspected of being gang members of TdA or MS-13.
As Breitbart News reported, roughly 238 gang members associated with TdA and MS-13 were deported from the U.S. on a flight to El Salvador. The deportation of the gang members was carried out as Boasberg issued his order.
El Salvador’s President Nayib Bukele previously offered to accept convicted U.S. criminals and illegal aliens being deported from the U.S.
Boasberg ruled that TdA migrants should be allowed to appeal their deportations under the 1798 Alien Enemies Act:
The ruling is likely to be appealed — in part, because President Donald Trump’s deputies say the judiciary has no role when the President invokes the 1798 act to deport aliens amid in invasion or a “predatory incursion” of the United States.
If Murphy’s order is upheld, it could make it difficult to deport illegal criminal aliens, especially those from recalcitrant countries or countries that are “uncooperative” in taking its citizens back.
“Countries are ranked on a scale ranging from uncooperative to cooperative, based on statistical data and expert analytic feedback on a range of assessment factors,” a report from the Congressional Research Service says. “These factors include a refusal to accept charter flight-based removals, the ratio of releases to removals, and average length of time between issuance of a removal order and removal.”
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