An appeals court on Monday allowed the Trump administration to continue, for now, to summarily deport immigrants to nations other than their home countries.
In a brief order, the U.S. Court of Appeals for the First Circuit blocked a ruling by Judge Brian E. Murphy of Massachusetts that would have required the administration to prioritize deportees’ home countries as destinations, and give deportees “meaningful notice” before sending them to an unfamiliar country.
Judge Murphy had already paused his own ruling so the government would have a chance to appeal. Monday’s ruling means the Trump policy can continue apace while litigation in the case continues. The order noted that the panel voted 2 to 1 to pause the ruling.
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The approach represents a reversal of the principle of “non-refoulement,” which holds that governments should not send people to places where they are at risk of torture or other persecution. Non-refoulement is woven through U.S. immigration law and an international treaty that was partially ratified by the United States in 1994.
The Supreme Court has twice before intervened in the case, blocking previous rulings from Judge Murphy. In July, the justices allowed eight men who were sent to Djibouti in violation of a preliminary order from Judge Murphy to be sent onward to South Sudan. Two justices also issued a harsh rebuke to one of Judge Murphy’s Massachusetts colleagues for failing to heed their orders.
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