Trump asks the Supreme Court to neutralize the Convention Against Torture [View all]
Source: VOX
Trump’s lawyers claim they’ve found a loophole that will allow Trump to ship immigrants overseas to be tortured.
Federal law states that the United States shall not “expel, extradite, or otherwise effect the involuntary return of any person to a country in which there are substantial grounds for believing the person would be in danger of being subjected to torture.” This law implements a treaty, known as the Convention Against Torture, which the United States ratified more than three decades ago.
Federal regulations, moreover, provide that even after an immigration judge has determined that a noncitizen may be deported to another country, that judge’s order “shall not be executed in circumstances that would violate Article 3 of the United Nations Convention Against Torture.” And those regulations also establish a process that immigrants can use to raise concerns with an immigration judge that they may be tortured if sent to a specific country.
The Trump administration, however, claims it has discovered a loophole that renders all of these legal protections worthless, and is now asking the Supreme Court to explicitly give it the authority to make use of that loophole in order to enact its immigration policies.
According to President Donald Trump’s lawyers, the administration can simply wait until after an immigration judge has conducted the proceeding that ordinarily would determine whether a particular noncitizen may be deported to a particular country, and then, if that noncitizen is allowed to be deported, announce that the immigrant will be deported to some previously unmentioned country — even if that immigrant reasonably fears they will be tortured in that nation.
Department of Homeland Security v. D.V.D., the case where the Trump administration asks the justices to neutralize the Convention Against Torture, is unlike some of the more high-profile deportation cases that reached the Supreme Court — such as the unlawful deportation of Kilmar Armando Abrego Garcia to El Salvador — in that no one really questions that the immigrants at the heart of this case may be deported somewhere.
Read more: https://www.vox.com/scotus/416163/trump-supreme-court-deport-immigration-convention-torture
Trump asks the Supreme Court to neutralize the Convention Against Torture www.vox.com/scotus/41616...
— Ian Millhiser (@imillhiser.bsky.social) 2025-06-09T22:49:49.676Z
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