Source: Fox News
Summary
The Supreme Court temporarily allowed the Trump administration to continue its third-country deportation policy, as the Department of Homeland Security defends its use of an immigration authority. DHS General Counsel James Percival described the policy as part of a broader strategy to revive dormant immigration tools. The court’s decision allows the policy to remain in effect while the case is reviewed. The third-country provision was included in the 1996 IIRIRA. Human rights advocates have raised concerns about the treatment of deportees in countries like Equatorial Guinea.
Our Reading
As expected, the matter has reached another stage.
Percival explains third-country removals with a metaphor about a rapist in Norway.
The Supreme Court allows the policy to stay in effect for now.
He compares government authority to fine china that people are afraid to use.
Deportees are described as criminals who must be sent somewhere, even if it’s not their home.
Author: Evan Null
Third-Country Deportation Policy
The Supreme Court temporarily cleared the Trump administration to continue its third-country deportation policy. This policy allows the government to send removable aliens to a third country when their home country refuses to accept them. The decision was made as the court considers the case on the merits. The policy is part of a broader strategy to revive immigration authorities that have been largely unused.
DHS General Counsel’s Defense
DHS General Counsel James Percival defended the policy, calling it a strategy to revive dormant immigration tools. He compared the process to asking a country to take a criminal, like a rapist from Cuba. He argued that the policy is supported by the 1996 IIRIRA, which includes the third-country provision. He also criticized the fear of using government authority, comparing it to fine china that is never used out of fear of breaking it.
Human Rights Concerns
Human rights advocates have raised concerns about the treatment of deportees in countries like Equatorial Guinea. The government of Equatorial Guinea received $7.5 million from Washington as part of an agreement to accept third-country deportations. Percival responded by saying that he would rather live in the U.S. than Equatorial Guinea, but he is an American citizen and has not committed a crime.
Supreme Court’s Role
The Supreme Court stayed a lower-court judgment restricting the policy, allowing the administration’s guidance to remain in effect. The court will consider the case on the merits in December. The case does not challenge the underlying authority to conduct third-country removals, but rather the procedures that must be followed. The court previously ruled that six months of post-removal detention is presumptively reasonable.
Public Campaigns and Incentives
Percival is making the case publicly through his “Daily Deportee” series on X, highlighting criminal deportees whose home countries will not accept them. He cited cases like Kyaw Mya, a Burmese national whose home country won’t take him back. He also mentioned a migrant who committed a violent crime and reoffended after being released. DHS continues to offer a $3,000 flight home as an incentive for illegal immigrants and criminal resident aliens.
