The Trump Administration has pulled off a rather inventive maneuver aimed at undermining an activist judge’s decision that sought to hinder their deportation efforts concerning individuals deemed dangerous and undocumented.
As reported by Axios here, on Wednesday, Team Trump unveiled their strategy to sidestep a federal judge’s restraining order that was intended to prevent the deportation of certain undocumented immigrants.
U.S. District Court Judge Brian E. Murphy, appointed during the Biden administration, mandated that individuals facing final removal orders be granted an opportunity to contest the potential risks to their safety if deported to a country other than their own.
However, the Trump team seized upon a loophole in this ruling, proceeding with the deportation of several undocumented immigrants regardless. It turns out that Judge Murphy’s order specifically applied to the Department of Homeland Security (DHS) and did not extend to other federal agencies.
In a clever twist, the administration opted to utilize the Department of Defense (DOD) for carrying out these deportations, effectively outmaneuvering Judge Murphy’s order. In a court filing submitted on Wednesday, a DHS attorney highlighted that since the DOD is not a party to the case, the deportations executed thus far align with the stipulations of the Biden-appointed judge’s injunction.
Axios further elaborates that the filing references two instances in which individuals were deported to Mexico prior to Judge Murphy’s order being issued.
It also includes a sworn statement from a DHS official, asserting that all individuals deported following Murphy’s ruling were initially sent to Guantanamo Bay before being flown to El Salvador using military aircraft.
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Axios continues to note that Judge Murphy’s ruling initially posed a challenge for the administration, which has sought to deport certain criminal undocumented immigrants to nations they do not originally hail from, such as El Salvador. The Trump Administration is leveraging the Alien Enemies Act to expedite these deportations.
As readers of are likely aware, El Salvador has emerged as a critical focal point in the ongoing immigration debate. A notable case in this narrative is that of Kilmar Abrego Garcia, a suspected gang member with ties to MS-13, who has gained popularity among certain Democratic circles despite his questionable history. Several members of Congress have even traveled to El Salvador to advocate for his release.