Biden-appointed judge who slapped down Trump deportation policy previously rebuked by SCOTUS
Fox News
Supreme Court issued rare 7-2 order criticizing federal Judge Brian Murphy for flouting their deportation ruling, with Justice Elena Kagan calling his actions defiant.
Ashley Oliver is a reporter for Fox News Digital and FOX Business, covering the Justice Department and legal affairs. Email story tips to ashley.oliver@fox.com.
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.
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.
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