A federal judge in Boston said that the elements of the Trump administration policy to deport migrants to countries other than their own without being able to raise concerns about their security were “very problematic” during a judicial hearing on Thursday.
The United States District Judge Brian Murphy said that his recently issued temporary order that blocks such remote would remain in force for another week, while considering issuing a preliminary preliminary mandate for more duration, which has the potential to stop the deportation approach used frequently adopted by the Trump administration.
During a two -hour hearing on Thursday, a lawyer who represents a group of non -citizens argued that the policy “ranses” through the use of “a bait and a change” to send migrants to countries other than their place of origin, even if the migrant has reasonable concerns about their safety once relocated.
Judge Murphy pointed out doubts about elements of the policy, which suggests that non -citizens lack a significant way of generating concerns about their safety when they are urgent to deportation flights.
“If someone is collected tomorrow morning at 6 in the morning and taken to a country where he could be killed according to an individual danger, he has no way to raise that?” Said Judge Murphy. “That seems very problematic.”
The lawyers of the Department of Justice argued that the Department of National Security has issued a new orientation to protect the safety of non -citizens once they are eliminated, but Trina Realmuto, lawyer of non -citizens, described the new policy as inappropriate because migrants do not have access to a lawyer, time to gather evidence or the opportunity for judicial revision.
“We believe it is very, very problematic,” said Realmuto. “The mechanism as a whole does not address our concerns, nor is it approaching the protections provided in the temporary restriction order.”
Prison officers keep a block of cells at the Maximum Security Penitentiary Center for Mandatory Terrorism Housing, April 4, 2025 in Tecoluca, San Vicente, El Salvador.
Alex Pena/Getty Images
Deputy Attorney General Drew Ensign delayed criticism, arguing that delaying removals so that migrants could generate concerns about their safety could screw the courts and add “potentially years of delay.”
“People have already received enough progress,” he said. “The decision to eliminate someone to a third country is a discretionary decision.”
Both parties also did not agree on whether Judge Murphy has the authority to return a Guatemalan man who was already sent to Mexico without being able to raise concerns that he had been raped in the country and feared prosecution or torture there.
Realmuto urged Judge Murphy to order that man be returned to the United States, where he can exercise his due process. The lawyers with the Department of Justice did not agree.
“We do not believe that this Court has the authority or jurisdiction to issue said order,” Ensign argued.
Judge Murphy said he plans to issue a decision on his preliminary judicial order next week, and established a hearing on April 28 for more information about possible violations of his temporary order.
Two days after Judge Murphy issued his temporary order that blocks deportations last month, the Trump administration announced that he had eliminated 17 alleged members of the train from Aragua and MS-13 to the notorious Mega Prisbin of El Salvador. According to the plaintiffs, at least two of the men on those flights had final orders of removal to Venezuela and they were never given the right to challenge their removal to El Salvador.
According to the plaintiff’s lawyers, one of those men is Maiker Espinoza Escalona, who entered the United States last year with his partner Yorely Bernal Inciarte and his one -year -old baby.
After the three delivered to the immigration authorities, they separated, his family told ABC News. Inciarte has been arrested in a detention center in El Paso, Texas, his baby has been in the custody of the Government, and Escalona is arrested in Cecot in El Salvador, according to the mother of Inciarte.
The Trump administration claimed that Escalona is a member of the Venezuelan Gang Train of Aragua, an accusation that his family denies.
“They are liars,” said Mother Raida of Inciarte of the Trump administration. “I can’t believe that half of Venezuela is a Aragua train. That can’t be.”
“To be sent [to El Salvador] You have to investigate and demonstrate that they are what they are accused, “said Raida.” We are distressed, I don’t want this about anyone. “
