The government is seeking Supreme Court support to carry out immediate transfers of migrants without prior notice or the right to defense.
The White House appeals to the highest court
The Donald Trump administration on Tuesday asked the U.S. Supreme Court to uphold a controversial immigration policy that would allow detainees to be deported without prior notice or opportunity to present a plea.
According to official documents, the Department of Homeland Security defends its authority to expel migrants to third countries without requiring a detailed analysis of the risk they would face if sent abroad. The procedure is even activated outside of business hours, making access to legal representation difficult.
The policy, in place since Trump's return to the presidency, has been harshly criticized by federal judges and human rights organizations. In March, Judge Brian Murphy blocked its implementation, finding it violates due process.
The court ruling required minimum guarantees
Murphy, appointed during Joe Biden's administration, argued that migrants lack a "meaningful opportunity" to oppose their expulsion. He ordered that immigration authorities must give detainees at least 72 hours' notice before interviewing them for credible fear. If they fail this process, they must be given an additional 15 days to try to reopen their cases.
But the White House did not passively comply. It took the case to the Supreme Court, arguing that the judge's decision hinders the axiscuction of urgent immigration policies and harms American diplomacy.
Transfers to countries at war fuel controversy
The policy gained notoriety when it became known that several migrants had been transferred to South Sudan, a country ravaged by armed conflict and ethnic violence. According to court records, the expelled migrants were removed from detention centers in the middle of the night, with no opportunity to contact their lawyers or receive information about their fate.
One of those flights included Cuban citizens. The conditions of the transfer, carried on military flights and under complete isolation, drew criticism from immigration organizations, which believe international treaties were violated.
Washington says there are diplomatic guarantees
In its appeal, the Justice Department argued that the court order requires the country to either retain detainees in military facilities abroad or bring them back to the United States. According to the brief, “the country faces an illegal immigration crisis. In large part because many of the aliens most deserving of removal are also the most difficult to remove.”
The government maintained that there are agreements with receiving countries to prevent torture, although media outlets such as CNN reported plans to send migrants to Libya and Saudi Arabia. The Libyan Foreign Ministry denied having signed any agreement with the United States.
Serious warnings from the justice system and civil society
The First Circuit Court of Appeals declined to stay Judge Murphy's ruling, warning of the risk of "irreparable harm" if the expulsions continue without safeguards.
Human rights defenders insist that this policy violates the Convention against Torture, which prohibits the delivery of any person to a country where they may suffer ill-treatment or persecution.cucThe recent deportation of Cubans to South Sudan has fueled complaints about the lack of humanity and legality in the current procedures.
Trump, for his part, continues to promote his immigration agenda, arguing that it strengthens national security.
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