Biden-appointed judge who slapped down Trump deportation policy previously rebuked by SCOTUS
A federal judge appointed by former President Joe Biden on Thursday again ruled against the Trump administration’s third-country deportation policy, months after the Supreme Court blocked his earlier decision and...
By Fox News · Fox News
A federal judge appointed by former President Joe Biden on Thursday again ruled against the Trump administration’s third-country deportation policy, months after the Supreme Court blocked his earlier decision and rebuked him in a rare follow-up order. The Supreme Court not only stayed Boston-based Judge Brian Murphy's injunction over the same deportation policy in a 6-3 order last June, but the high court followed up with a second 7-2 order a week later admonishing the judge for flouting its decision. Murphy's latest ruling is also likely to land before the justices, setting up a fresh test of the judge's decisions in the high-stakes case. Murphy, who was confirmed by the Senate along party lines, had issued a sweeping 81-page decision on Thursday finding that the Department of Homeland Security's process for deporting migrants to third countries (countries that are not specified in the migrants' removal orders) was unlawful because it violated the migrants' due process by not giving them enough time to raise fears that they could be tortured in the country they are sent to. DOJ SAYS IT OWES DEPORTED VENEZUELANS NO DUE PROCESS, DARES COURTS TO INTERVENE Murphy's decision came after the judge last year issued a preliminary injunction that also blocked DHS from deporting migrants to third countries under the department's current protocols. The Supreme Court's order in June halted that decision, but, pointing to a technicality, Murphy said that a separate subsequent ruling he made on May 21 specifically addressing six migrants bound for South Sudan was still "in full force and effect" despite the high court's stay. The judge's move led the Department of Justice to ask the Supreme Court for clarification, and the high court responded by issuing its follow-up 7-2 opinion saying Murphy could not block DHS from deporting the six migrants. "Our June 23 order stayed the April 18 preliminary injunction in full. The May 21 remedial order cannot now be used to enforce an injun…