Judge Brian E. Murphy / screen image from Senate confirmation

A federal judge on Wednesday barred the Department of Homeland Security from transferring illegal aliens to other agencies like the Department of Defense.

US District Judge Brian Murphy, a Biden appointee, said the Trump Administration’s DHS cannot transfer aliens to other agencies as a way to prevent them from receiving ‘due process.’

“[After] taking custody of an alien, Defendants may not cede custody or control in any manner that prevents an alien from receiving the due-process guarantees…” the judge wrote.

Last month four Venezuelan gang members were flown from US Naval Station Guantanamo Bay to El Salvador.

Last month Judge Murphy issued a temporary restraining order and then an injunction

Reuters reported:

A federal judge ordered the Trump administration on Wednesday to ensure migrants held at Guantanamo Bay are given a chance to raise any concerns about their safety before deporting them to El Salvador or countries other than their places of origin.

U.S. District Judge Brian Murphy in Boston issued the order after immigrant rights advocates argued the administration had violated a court order he issued by flying four Venezuelans held at the U.S. naval base in Cuba to El Salvador on a flight conducted by the U.S. Department of Defense.

Murphy in late March had issued a temporary restraining order, which he later extended into an injunction, restricting the Department of Homeland Security’s ability to rapidly deport migrants to countries other than their own without allowing them to first raise concerns about their safety or potential torture.



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