法官阻止特朗普政府迅速将非法移民驱逐到利比亚
Judge Blocks Trump Admin From Swiftly Deporting Illegal Immigrants To Libya

原始链接: https://www.zerohedge.com/political/judge-blocks-trump-admin-swiftly-deporting-illegal-immigrants-libya

一名联邦法官阻止特朗普政府将非法移民驱逐到利比亚等(他们并非公民)国家,除非经过正当程序。法官布莱恩·墨菲的裁决强制执行先前的一项禁令,该禁令要求提供书面通知、申请恐惧筛查的机会以及在驱逐到第三国之前重新开启其移民案件的时间。这项紧急裁决是在有报道称计划有一班载有老挝、越南和菲律宾国民的航班飞往利比亚之后做出的,这引发了对人权侵犯的担忧。原告的律师称,被拘留者被迫同意被驱逐到利比亚,否则将面临单独监禁。法官正在调查国土安全部 (DHS) 和国防部 (DOD) 在这些驱逐行动中的作用。此案发生在特朗普政府努力扩大驱逐范围并探索新的目的地国家的背景下。特朗普总统质疑向非法进入美国的非法移民提供充分的正当程序权利,建议加快驱逐速度。

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原文

Authored by Tom Ozimek via The Epoch Times (emphasis ours),

A federal judge has blocked the Trump administration from deporting illegal immigrants to Libya or any other country of which they are not citizens without first giving them notice and an opportunity to claim protection under U.S. law, after reports surfaced of an imminent military flight carrying detainees to the North African nation.

Venezuelans arrive home after being deported from the United States, at Simon Bolivar International Airport, in Maiquetia, Venezuela, on April 3, 2025. Leonardo Fernandez Viloria/Reuters

U.S. District Judge Brian Murphy, in a series of rulings issued on May 7 from the bench and in court filings, said that any effort to remove noncitizens without procedural safeguards would be a clear violation of an earlier injunction that he issued on April 18.

“If there is any doubt—the Court sees none—the allegedly imminent removals, as reported by news agencies and as Plaintiffs seek to corroborate with class-member accounts and public information, would clearly violate this Court’s Order,” Murphy wrote in his May 7 ruling.

Murphy’s April 18 order prohibits the Department of Homeland Security (DHS) from carrying out a so-called third-country removal unless the detainee is first given written notice in a language he or she understands, a chance to request a reasonable fear screening, and at least 15 days to file a motion to reopen his or her immigration case if the screening is denied. That order effectively barred DHS from deporting an illegal immigrant with final removal orders to a country that is not his or her home country without first giving the immigrant a chance to raise claims that, if sent there, he or she would face persecution, torture, or death.

The judge’s emergency ruling on May 7 came hours after the plaintiffs in the class-action case filed a request for a temporary restraining order, citing news reports and attorney declarations indicating that DHS and possibly the Department of Defense (DOD) were preparing to deport several Laotian, Vietnamese, and Filipino nationals to Libya without those protections in place.

This motion should not even be required as it blatantly defies this Court’s preliminary injunctions,” attorneys for the plaintiffs wrote, while describing Libya as a country “notorious for its human rights violations.”

In two electronic orders issued later on May 7, Murphy reinforced the scope of his prior injunction and indicated that deportations carried out in coordination with the DOD may also fall under the court’s scrutiny. He scheduled expedited discovery into the role of both the DHS and DOD in recent removals and requested a briefing on whether the Pentagon should be formally added to the case as a defendant.

In their emergency motion, attorneys for the plaintiffs cited a reported flight plan involving a U.S. Air Force C-17 departing from Kelly Field in Texas to Misrata Airport in Libya, along with accounts that Immigration and Customs Enforcement officers had allegedly instructed detainees to sign documents agreeing to removal to Libya or face what amounted to solitary confinement.

According to filings in the case, some plaintiffs had previously been granted protection from removal to their home countries under the Convention Against Torture but were later told they could be sent to third countries not included in their original orders.

A Justice Department spokesperson did not immediately return a request for comment.

The case comes amid the Trump administration’s broader effort to expand its deportation program and explore new destination countries for foreign nationals ordered removed from the United States.

President Donald Trump recently questioned whether individuals who entered the United States illegally are entitled to the same due process rights as citizens.

In an interview that aired on May 4 on NBC’s “Meet the Press,” Trump said that such a requirement would require having “a million or 2 million or 3 million trials,” suggesting that a fast-tracking of deportations of proven illegal immigrants may be the most appropriate solution.

The president added that his administration’s lawyers “are going to obviously follow” U.S. Supreme Court rulings.

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