Despite a resounding decision from the U.S. Supreme Court just hours earlier, a federal judge successfully blocked the Trump administration’s deportation efforts, sparking a dramatic legal battle.
The controversy revolves around U.S. District Judge Brian Murphy, a recent appointment of Biden, who on Monday issued a startling order that detractors claim is in direct opposition to the Supreme Court’s ruling permitting the immediate resumption of deportations of illegal migrants to third countries.
Regarding deportations, the Supreme Court supports Trump.
The Supreme Court earlier in the day voted 6-3 to overturn an injunction from a lower court that had momentarily halted Trump’s rapidly advancing immigration plan. The ruling was a major, albeit short-lived, win for the administration as it attempts to use expedited removals to combat illegal immigration.
The majority ruling permitted deportations to proceed even in cases where the individuals were being transferred to third-country removals, which are countries other than their own. Citing concerns about danger if sent back to countries like South Sudan, El Salvador, and Guatemala, the migrants had filed a lawsuit to halt their deportations.
Ketanji Brown Jackson, Elena Kagan, and Justice Sonia Sotomayor all dissented from the decision.
Judge Murphy Disagrees to Follow
Judge Murphy issued a new decision on Monday night, stating that the high court’s decision did not apply to the particular case he was handling, despite the Supreme Court’s explicit directive. He essentially overturned their decision in his courtroom by arguing that the case had not been “properly” brought before the Supreme Court.
The federal government must allow all migrants who are facing deportation to participate in what is called a “reasonable fear interview,” where they can explain any risk of torture or persecution in the country to which they are being sent, according to a previous ruling by Murphy.
Murphy persisted in his demand that his order remain in force despite the Supreme Court’s stay, arguing that the process used to get to the high court was flawed.
Outrage from Conservatives Over a “Activist” Judge
Murphy’s disobedience sparked an immediate and intense backlash, especially from conservative lawmakers and legal experts.
Legal correspondent Julie Kelly posted on social media, “These Democratic judges don’t care what higher courts—including the Supreme Court—say.” “Come hell or high water, they will continue their radical anti-Trump campaign.”
Kelly noted that progressive senators Elizabeth Warren and Ed Markey had recommended Murphy, and President Biden had nominated him. He is a “lightweight” judge who is being used as a “effective activist” to thwart Trump’s immigration reforms, she said.