‘Unworkable scheme’: District judge tries, AGAIN, to defy Supreme Court on deportation process

The Supreme Court has ruled on one deportation mess twice already, cleaning it up each time.

But it looks like another sweeping out will be needed, as a district court judge has stepped in yet again in apparent defiance of the justices.

The issue is the White House plan to deport illegal aliens to countries not designated in their paperwork, a “third-country” deportation.

Brian Murphy, a judge, issued a nationwide injunction against such plans. He demanded information about assurances from the nations to which deportees would go.

“Whom do they cover? What do they cover? Why has the government deemed them credible? How can anyone even know for certain that they exist? These are basic questions that the Constitution permits a person to ask before the government takes away their last and only lifeline,” he charged.

And was overturned by the Supreme Court, which issued a stay of his injunction in an emergency ruling. The justices then followed that with a 7-2 ruling that Murphy had tried to enforce his order anyway even though he’d been barred from doing that.

Now Murphy has yet again defied the high court, and the Department of Justice is going back to the appellate level.

“DOJ lawyers urged the U.S. Court of Appeals for the 1st Circuit to quickly pause the broad order issued by Judge Brian Murphy that blocked the so-called third-country deportations, arguing Murphy’s order threatened to derail sensitive diplomatic negotiations. The DOJ said the order could affect potentially ‘thousands’ of removals, a prospect that threatens to interfere with the Trump administration’s aggressive deportation agenda,” according to a report at Fox News.

DOJ lawyers said, “The Supreme Court twice stayed the district court’s sweeping nationwide, classwide preliminary injunction,” and it appears Murphy is trying to work around the high court by issuing a new order.

The DOJ charges that Murphy is demanding an “unworkable scheme,” one that “materially impairs the ability of government to enforce the immigration laws.”

The source of the war is the status of several aliens with final removal orders who went to federal court in Massachusetts to claim they didn’t get enough notice so that they could claim they had fears of being tortured.

The practice sought by the administration allows deportations to third countries if those nations have given the administration assurances regarding the deportees.

Murphy, on his third swing at the ball, demanded “due process” for those in the country illegally.