A federal judge blocked the Trump administration's attempt to deport illegal immigrants to Libya without providing them with due process, including notice and the chance to claim protection from torture. The judge's ruling prevents deportations to third countries without procedural safeguards.
The ruling stems from a class-action lawsuit, where plaintiffs argued imminent deportations to Libya violated a prior court order. The order mandates that detainees receive written notice in a language they understand, an opportunity for a fear screening, and at least 15 days to file motions contesting deportation.
The judge's decision was prompted by reports of an impending military flight to Libya carrying detainees. Plaintiffs provided evidence of alleged pressure tactics by ICE officers to secure compliance. Some plaintiffs had previously received protection from removal to their home countries but faced potential deportation to third-world countries.
This case is part of a larger effort by the Trump administration to expand its deportation program and find alternative destinations for those ordered removed from the United States. The President's statements regarding due process for illegal immigrants added to the complexity of the issue.
The Justice Department has not yet responded to requests for comment.
Detainees must be warned in advance of their deportation, allowed to claim fear of torture, and given time to contest removal, the judge ruled.
A federal judge has blocked the Trump administration from deporting illegal immigrants to Libya or any other third country without first giving them notice and an opportunity to claim protection under U.S. law, after reports surfaced of an imminent military flight carrying detainees to the North African nation.
“If there is any doubt—the Court sees none—the allegedly imminent removals, as reported by news agencies and as Plaintiffs seek to corroborate with class-member accounts and public information, would clearly violate this Court’s Order,” Murphy wrote in his May 7 ruling.
“This motion should not even be required as it blatantly defies this Court’s preliminary injunctions,” attorneys for the plaintiffs wrote, while describing Libya as a country “notorious for its human rights violations.”
According to filings in the case, some plaintiffs had previously been granted protection from removal to their home countries under the Convention Against Torture but were later told they could be sent to third countries not included in their original orders.
A Justice Department spokesperson did not immediately return a request for comment.
The case comes amid the Trump administration’s broader effort to expand its deportation program and explore new destination countries for foreign nationals ordered removed from the United States.
President Donald Trump recently questioned whether individuals who entered the United States illegally are entitled to the same due process rights as citizens.
In an interview that aired Sunday on NBC’s Meet the Press, Trump said that such a requirement would mean “we'd have to have a million or two million or three million trials,” suggesting that a fast-tracking of deportations of proven illegal immigrants may be the most appropriate solution.
The president added that his administration’s lawyers “are going to obviously follow” U.S. Supreme Court rulings in this regard.
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