Supreme Court allows deportations to resume

On Tuesday, the U.S. Supreme Court allowed the Trump administration to resume deporting migrants to countries not identified in their removal orders. The court will hear full arguments in December.

What the court will decide

The court asked both sides to argue whether lower courts have jurisdiction to rule on the issue, whether the policy is legal, and whether it violates due process or conventions against torture.

Administration's argument

Solicitor General John Sauer said the policy is an essential tool to remove dangerous criminals. The administration has used it to deport tens of thousands to Mexico and countries in Africa and Latin America.

“an essential tool to remove certain aliens, including some of the worst criminal aliens”

Judge Murphy's objections

U.S. District Judge Brian Murphy in Boston blocked the deportations three times, saying they violate due process and fail to give detainees meaningful notice to raise credible fears of torture or abuse.

Harms documented by advocates

The National Immigration Litigation Alliance said migrants removed without meaningful notice have faced prolonged detention, beatings, sexual assault, disappearance, and chain refoulement to countries from which the U.S. had already granted them protection.

“prolonged and arbitrary detention, beatings and sexual assault, disappearance, and chain refoulement”

DHS says court orders create problems

The Department of Homeland Security said Judge Murphy's rulings have created a logistical nightmare, including canceled flights, potential diplomatic clashes, and delays in removing people convicted of assault and drug crimes.