A federal judge has halted a controversial Trump administration immigration policy that sought to deport immigrants to third countries without giving them a chance to claim fear of persecution or torture if they were sent there, Reuters reported. The temporary nationwide restraining order issued by US District Judge Brian Murphy in Boston stops the practice while legal challenges move forward.
The blocked directive was launched on February 18 by the US Immigration and Customs Enforcement (ICE). They were ordered to re-review the cases of thousands of migrants, including those who had followed the conditions of their release from detention. The policy aims to speed up their re-detention and deportation to countries that had not been named in their original immigration proceedings.
Policy raised concern on fairness
Immigrants’ rights advocates who are representing the case on behalf of several migrants asserted that the policy exposed individuals to the risk of being sent to unfamiliar countries where they might face serious harm without being given any opportunity or warning to address their fears.
‘’If your position today is that we don’t have to give them any notice, and we can send them to any country other than the one to the immigration court has said no, that’s a very surprising thing to hear the government say,’’ Judge Murphy mentioned this to a Justice Department attorney during the hearing, as reported by Reuters.
Court calls for chance to present fear-based claims
As per Judge Murphy’s order, any migrant facing removal to a third country should be given written notice and a meaningful chance to present their fear-based claim. His ruling is based on protections under the Convention Against Torture, which restrain sending people to countries where they are likely to experience torture.
‘’We are relieved the judge saw the urgency of this situation both for our named plaintiffs and other similarly situated individuals,’’ stated Trina Realmuto, an attorney with the National Immigration Litigation Alliance, as quoted by Reuters.
Meanwhile, the Trump administration appealed the decision hours later. A US Department of Justice spokesperson mentioned, ‘’No unelected activist judge should be allowed to unsurp executive power particularly on matters of national security.
(With inputs from Reuters)