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Tipsheet

Trump Administration Accuses Federal Judge of Defying Supreme Court Ruling

AP Photo/Alex Brandon, Pool

The Department of Homeland Security (DHS) has accused a federal judge of flouting a Supreme Court ruling related to deporting illegal immigrants with criminal records to South Sudan.

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The Supreme Court on Monday ruled that the Trump administration can deport illegals to third countries, nations that are not the migrants’ home nation, without giving them notice. The justices paused a lower court’s nationwide injunction on deporting these individuals without due process. 

US District Judge Brian Murphy appears to be ignoring the ruling. He issued a ruling asserting that his injunction “remains in full force and effect, notwithstanding todays stay of the Preliminary Injunction.” He argued that his orders were “not properly before [the Supreme] Court because the Government has not appealed them, or sought a stay pending a forthcoming appeal.”

DHS filed a motion with the Supreme Court seeking clarification on whether the Court’s Monday stay of the preliminary injunction also applies to “related” orders. The agency insists that Murphy’s actions amount to a “lawless act of defiance” of the Supreme Court’s authority. 

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DHS requested that the Supreme Court declare that its stay “extends to the May 21 orders enforcing the stayed injunction” and to impose an “immediate administrative stay of both the May 21 orders and the June 23 order.” This would allow the administration to continue third-country deportations without risking being held in contempt.

The agency also recommended that the Court should consider “ordering that the case be reassigned to a different district judge” because of Murphy’s defiance. 

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