A federal appeals court ruled Monday that the Trump administration may continue swiftly deporting migrants while a legal challenge to the policy proceeds.<\/p>\n\n\n\n
In a 2\u20131 decision, the U.S. Court of Appeals for the 1st Circuit allowed the deportations to continue and moved to speed up the timeline for the next stage of the case. The panel issued its order without an accompanying explanation.<\/p>\n\n\n\n
The Trump administration has expanded the use of \u201cthird-country removals\u201d as part of its broader immigration crackdown, deporting migrants to nations other than their countries of origin. The administration has reached agreements with several countries \u2014 including Cameroon, South Sudan and Eswatini \u2014 to accept deportees.<\/p>\n\n\n\n
The Department of Homeland Security (DHS) has defended the policy as a way to remove individuals it describes as particularly dangerous.<\/p>\n\n\n\n
In court filings, the administration has also argued that federal judges lack the authority to intervene in how immigration enforcement policies are carried out.<\/p>\n\n\n\n
The majority on the three-judge panel included Judge Jeffrey Howard, nominated by former President George W. Bush, and Judge Seth Aframe, a nominee of former President Joe Biden. Judge Lara Montecalvo, also nominated by Biden, dissented.<\/p>\n\n\n\n
The ruling lifts limits imposed by U.S. District Judge Brian Murphy, another Biden nominee, who is overseeing a class-action lawsuit filed last year by four noncitizens challenging the deportation policy.<\/p>\n\n\n\n
Murphy ruled last month that the administration could not deport migrants to third countries without first attempting to send them to their country of citizenship or another country with which they have ties.<\/p>\n\n\n\n
\n\u201cIt is not fine, nor is it legal,\u201d Murphy wrote in his decision.<\/p>\n<\/blockquote>\n\n\n\n
His order required immigration authorities to first attempt deportation to a migrant\u2019s country of citizenship or the country normally designated for removal. If that effort failed, Murphy said migrants must be given a \u201cmeaningful opportunity\u201d to challenge their deportation once a third country is selected.<\/p>\n\n\n\n
Murphy delayed the implementation of his ruling to allow the appeals court time to weigh in. The 1st Circuit\u2019s order keeps his decision on hold while the appeal moves forward.<\/p>\n\n\n\n
Trina Realmuto, executive director of the National Immigration Litigation Alliance, which represents the migrants, said<\/a> the group welcomed the expedited timeline.<\/p>\n\n\n\n
\n\u201cWhile the order unfortunately delays implementation of the decision, we appreciate that the First Circuit ordered a swift resolution of the merits of the government\u2019s appeal,\u201d Realmuto said.<\/p>\n<\/blockquote>\n\n\n\n
The dispute has already reached the Supreme Court once. Last year, the Trump administration successfully appealed to the high court after Murphy imposed earlier limits on the policy.<\/p>\n\n\n\n