Trump administration's 'third country' deportation policy is unlawful, judge rules

National Court News

The Trump administration's latest policy of deporting immigrants to "third countries" to which they have no ties is unlawful and must be set aside, a federal judge ruled Wednesday in a case that already reached the nation's highest court.

U.S. District Judge Brian E. Murphy in Massachusetts agreed to suspend his decision for 15 days, giving the government time to appeal his latest ruling in the case. Murphy noted that the U.S. Supreme Court ruled in the administration's favor last year, pausing Murphy's previous decision and clearing the way for a flight carrying several migrants to complete its trip to war-torn South Sudan, where they had no ties.

Murphy said migrants challenging the Department of Homeland Security's policy have the right to "meaningful notice" and an opportunity to object before they are removed to a third country. The policy "extinguishes valid challenges to third-country removal by effecting removal before those challenges can be raised," the judge concluded.

"These are our laws, and it is with profound gratitude for the unbelievable luck of being born in the United States of America that this Court affirms these and our nation's bedrock principle: that no 'person' in this country may be 'deprived of life, liberty, or property, without due process of law,'" Murphy wrote.

In June, the Supreme Court's conservative majority found that immigration officials can quickly deport people to third countries. Liberal justices Sonia Sotomayor and Ketanji Brown Jackson dissented, saying the ruling gives the government special treatment.

Murphy said President Donald Trump's administration has repeatedly violated — or tried to violate — his orders. Last March, he noted, the Defense Department deported at least six class members to El Salvador and Mexico without providing the process required under a temporary restraining order that Murphy issued. DHS issued its new policy guidance for third-country removals on March 30, two days after Murphy's order.

"The simple reality is that nobody knows the merits of any individual class member's claim because (administration officials) are withholding the predicate fact: the country of removal," wrote Murphy, who was nominated to the bench by Democratic President Joe Biden.

Murphy said the DHS third-country removal policy has targeted immigrants who were granted protection from being sent back to their home countries, where they feared being tortured or persecuted in other ways.

Eight men who were sent to South Sudan in May had been convicted of crimes in the U.S. and had final orders of removal, Immigration and Customs Enforcement officials have said.

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USCIS Adjusting Premium Processing Fee

U.S. Citizenship and Immigration Services (USCIS) announced today it is adjusting the premium processing fee for Form I-129, Petition for a Nonimmigrant Worker and Form I-140, Immigrant Petition for Alien Workers beginning on Oct. 1, 2018 to more effectively adjudicate petitions and maintain effective service to petitioners.

The premium processing fee will increase to $1,410, a 14.92 percent increase (after rounding) from the current fee of $1,225. This increase, which is done in accordance with the Immigration and Nationality Act, represents the percentage change in inflation since the fee was last increased in 2010 based on the Consumer Price Index for all Urban Consumers.

“Because premium processing fees have not been adjusted since 2010, our ability to improve the adjudications and service processes for all petitioners has been hindered as we’ve experienced significantly higher demand for immigration benefits. Ultimately, adjusting the premium processing fee will allow us to continue making necessary investments in staff and technology to administer various immigration benefit requests more effectively and efficiently,” said Chief Financial Officer Joseph Moore. “USCIS will continue adjudicating all petitions on a case-by-case basis to determine if they meet all standards required under applicable law, policies, and regulations.”

Premium processing is an optional service that is currently authorized for certain petitioners filing Forms I-129 or I-140. The system allows petitioners to request 15-day processing of certain employment-based immigration benefit requests if they pay an extra fee. The premium processing fee is paid in addition to the base filing fee and any other applicable fees, which cannot be waived.