A federal appellate court on Friday declined to lift a nationwide injunction that bars the Department of Homeland Security (DHS) from carrying out President Donald Trump’s plans to summarily deport immigrants to countries where they are not from, allegedly without due process.
The 1st Circuit Court of Appeals issued the ruling in a two-page order, denying an emergency motion from the government for a stay of an April 18 preliminary injunction. The three-judge panel determined that DHS failed to satisfy the criteria required for such relief, and the court has “concerns regarding the continuing application of the Department of Homeland Security’s March 30 Guidance Regarding Third Country Removals,” among other things, according to the order.
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The ruling stems from a class-action lawsuit filed by immigration advocates after DHS issued new guidance authorizing the removal of certain noncitizens to “third countries” not named in their immigration proceedings, and with which they allegedly have no historical or legal ties. The plaintiffs argued that the policy violates the due process clause of the Fifth Amendment, as well as obligations under the Convention Against Torture human rights treaty.
