A federal judge has issued a temporary injunction preventing the Trump administration from deporting individuals who have exhausted legal appeals to countries outside their own, without first allowing them to demonstrate that their safety would be at risk.
U.S. District Judge Brian E. Murphy emphasized that individuals facing final removal orders must have “a meaningful opportunity” to argue against being sent to a third country if it poses a danger to their wellbeing. This ruling will remain in place as the case moves to the next phase of legal arguments.
The decision poses a challenge for an administration that has resorted to deporting individuals to countries such as Panama, Costa Rica, and El Salvador when repatriation to their countries of origin proves complicated. In some instances, judges have acknowledged the hazards of an individual’s home country, yet authorities have continued to send them to third locations.
While the Homeland Security Department has not provided immediate commentary, legal representatives for the administration contended that pausing deportations could hinder immigration enforcement efforts.
Judge Murphy, appointed by President Joe Biden, ruled in favor of advocacy groups, including those representing individuals who have been or fear being sent to third countries.
One case highlighted involves a Guatemalan man who, despite being deemed unsafe to return to Guatemala, was sent to Mexico where he had previously been victimized. He currently remains in hiding in Guatemala, unable to contest his transfer to Mexico.
Additionally, another plaintiff faces uncertainty regarding her status, as an immigration judge ruled against her return to Honduras. She is apprehensive about the possibility of being deported to a third country during her upcoming check-in with U.S. Immigration and Customs Enforcement in Dallas.