Washington: The administration of President Donald Trump has asked the United States Supreme Court to allow sport migrants to other countries without giving them any warning or opportunity to explain why they could be in danger.
The application is part of the president’s impulse to accelerate deportations and take energetic measures against immigration.
The Department of Justice requested that the judges raise the national order of the US district judge. UU. Based in Boston, Brian Murphy, which requires that migrants have the opportunity to seek legal relief of deportation before they are sent to the so -called “third countries”, while the litigation in the case continue.
The administration said in its presentation that the third country process is essential to eliminate migrants who commit crimes, since their countries of origin are often willing to recover them.
“As a result, criminal foreigners are often allowed to remain in the United States for years, victimizing Americans respectful of the law in the meantime,” he told the judges.
The presentation marked the last appeal of the administration before the highest court in the country, since it seeks greater freedom to enforce Trump’s hard line immigration policies and challenge the decisions of the lower courts that have blocked them.
The Administration argued that Murphy’s court order is potentially maintaining thousands of deportations. He said the “interrupts diplomatic sensitive efforts, foreign policy and national security.”
In February, the National Security Department moved to determine if people granted protection against the extraction of their countries of origin could be detained and sent to a third country.
Immigrant rights groups filed a collective claim on behalf of migrants who wish to stop rapid deportation to third countries without prior notice or the opportunity to explain the dangers they could face.
In March, the Administration issued a guide that indicates that if a third country offers credible diplomatic guarantees, it will not pursue or tortured migrants, people can be deported there “without the need for additional procedures.”
Without such guarantee, if the migrant expresses the fear of removal to that country, the US authorities would evaluate the risk of persecution or torture, possibly referring the person to an immigration court.
Judge Murphy issued a preliminary judicial order in April, finding that the policy of “executing third -party removals without providing notice and a significant opportunity to present claims based on fear” probably violates the protections of due process under the fifth amendment of the Constitution of the United States. These protections generally require the government to provide notice and an audience before taking significant measures.
Murphy said the Supreme Court, Congress, “common sense” and “basic decency” demand that migrants receive due proper process.
On May 16, the United States Circuit Appeals Court based in Boston refused to stop Murphy’s decision.
The Administration argued that its policy complies with the standards of due process and affirmed that the judge’s court order weakens the “broad authority” of the president on immigration.
As with the previous legal battles on Trump’s broad executive actions, this case raised more concerns about whether the administration is challenging judicial orders.
On May 21, Murphy ruled that the Administration had violated its order when trying to deport migrants to South Sudan.
The migrants, now celebrated in a military base in Djibouti, had committed “atrocious crimes” in the United States, including murders, caused fires and armed robberies, according to administration.
“As a result, the United States has put into the intolerable election of maintaining these foreigners for additional procedures in a military center on foreign soil, where every day of their continuous risks of confinement there is serious damage to US foreign policy, or bringing these criminals convicted to the United States,” said the Department of Justice.
Murphy also ordered that non -citizens have at least 10 days to raise statements that they fear for their safety.
In a separate movement, Murphy modified his court order to prevent the National Security Department from neglecting its ruling by transferring the control of migrants to other agencies for rapid deportation. This occurred after the Administration said that the United States Department of Defense was not bound by the Order of the Court.
That argument followed the admission of the government that the Department of Defense had flown to four Venezuelans held in the US Naval Base. UU. In the Bay of Guantanamo, Cuba, to El Salvador after Murphy’s original ruling.
After Reuters reported in May that the United States army could deport a group of migrants to Libya for the first time, Murphy issued a warning that such removals “would clearly violate” their ruling.
