美国最高法院周二允许特朗普总统的政府恢复将移民遣返至其本国以外的国家,而不给予他们说明自己可能遭受伤害的机会,从而进一步强化了本届政府作为全面收紧移民政策一部分所采用的一项快速遣返工具。
The U.S. Supreme Court on Tuesday let President Donald Trump's administration resume deporting migrants to countries other than their own without offering them the chance to show the harms they may face, bolstering a tool his administration has used for rapid expulsions as part of his immigration crackdown.
最高法院大法官批准了司法部的请求,暂停执行波士顿联邦地区法官布赖恩·墨菲关于国土安全部将移民送往所谓第三国的政策违法的裁决;目前,政府正就此案向最高法院上诉。
The justices granted the Justice Department's request to put on hold Boston-based U.S. District Judge Brian Murphy's ruling that the Department of Homeland Security's policy to remove migrants to so-called third countries is unlawful, while the administration appeals the matter to the Supreme Court.
据人权组织统计,自该政策去年实施以来,已有超过2.5万名移民被遣返至29个国家,其中绝大多数被送往墨西哥。
More than 25,000 migrants have been deported to 29 countries under the policy implemented last year, according to a tally by human rights groups, with the vast majority going to Mexico.
这项政策是本届政府为实现特朗普大规模驱逐移民目标而采取的多项措施之一。自去年重返白宫以来,这位共和党总统一直大力加强移民执法,而这是其最优先的任务之一。
The policy is one of a number of measures the administration has taken in its pursuit of Trump's goal of mass deportation. The Republican president has enforced a sweeping crackdown on immigration — among his top priorities — since returning to office last year.
政府已实施第三国遣返,将移民送往政治局势不稳的南苏丹。美国国务院因犯罪、绑架和武装冲突风险敦促美国人避免前往该国;此外,移民还被送往乌干达、赤道几内亚、利比里亚、中非共和国等国家。
The administration has carried out third-country deportations to politically unstable South Sudan, which the U.S. State Department urges Americans to avoid due to the risks of crime, kidnapping and armed conflict, as well as Uganda, Equatorial Guinea, Liberia, the Central African Republic, and other nations. The Supreme Court previously sided with the administration in the legal challenge, suspending a preliminary order that Murphy issued earlier in the case halting the removals.
最高法院此前曾在这场法律诉讼中支持政府,暂停执行墨菲法官早些时候为阻止遣返而发布的初步命令。最高法院随后又给政府带来一场胜利,撤销了该法官为保护一群男子免被送往南苏丹而施加的限制。
In another win for the administration, the Supreme Court subsequently lifted limits the judge had imposed to protect a group of men from being sent to South Sudan. The case began in 2025 after the Department of Homeland Security moved to step up deportations of migrants who cannot be returned to any country listed on their deportation orders.
案件始于2025年,当时国土安全部开始加强遣返工作,将无法被送回遣返令所列任何国家的移民驱逐出境。
The policy provided that migrants could be swiftly removed without notice to third countries that have provided credible diplomatic assurance that they will not persecute or torture the individuals.
该政策规定,对于已提供可信外交保证、承诺不会迫害或酷刑相关人员的第三国,移民可被迅速驱逐且无需提前通知。对于未提供此类保证的国家,被驱逐者将获知其前往的国家;只有当被驱逐者自行提出此类担忧时,美国当局才会评估其遭受迫害或酷刑的可能性。
For countries that have not provided such assurance, deportees would be notified of their destination and U.S. authorities would assess the likelihood of persecution or torture only if the individual raises such fear on their own. Immigrant rights groups filed a class-action lawsuit on behalf of a group of migrants seeking to prevent their removal to third countries without notice and a chance to assert the harms they could face.
移民权利团体代表一批移民提起集体诉讼,要求阻止有关方面在未通知相关人员、也不给他们机会陈述可能遭受的伤害的情况下,将其驱逐至第三国。
In February, Murphy ruled that the policy violates immigration law procedures and due process protections under the U.S. Constitution's Fifth Amendment.
2月,墨菲裁定,该政策违反了美国宪法第五修正案所规定的移民法律程序和正当程序保障。正当程序通常要求政府在对个人采取某些不利行动前,给予通知并提供听证机会。
Due process generally requires the government to provide notice and an opportunity for a hearing before taking certain adverse actions. In an emergency filing to the Supreme Court, the Justice Department said third-country deportations are "an essential tool to remove certain aliens, including some of the worst criminal aliens."
司法部在向最高法院提交的一份紧急申请中称,前往第三国的遣返是“驱逐某些外国人的重要工具,其中包括一些罪行最严重的外国罪犯”。但墨菲和该政府的批评者表示,该政策也将那些已获得法律保护、不会被送回原籍国的移民作为目标。
But both Murphy and critics of the administration said the policy is also targeting migrants who had been granted legal protection from being sent back to their home countries. The policy has resulted in deportees being unlawfully transferred by third countries back to their home countries from which the U.S. had already granted them protection, while others have been beaten, sexually assaulted, detained or have disappeared, the plaintiffs said in a court filing.
原告在一份向法院提交的文件中称,该政策导致被驱逐者被第三国非法转送回原籍国,而美国此前已向这些人提供保护;另一些人则遭到殴打、性侵、拘留或失踪。
The administration is ignoring "the significant harm resulting from deporting thousands of longtime U.S. residents, many with no criminal history, to third countries without regard to the persecution or torture they face there," the plaintiffs said.
原告称,该政府无视“将数千名长期居住美国的居民驱逐至第三国所造成的严重伤害;其中许多人没有犯罪记录,而当权者并未考虑他们可能在那里遭受迫害或酷刑”。
The Boston-based 1st U.S. Circuit Court of Appeals upheld most of the judge's ruling on September 18.
9月18日,位于波士顿的美国第一巡回上诉法院维持了法官裁决的大部分内容。
The case has been hotly contested since it began, and included findings by Murphy that the administration "repeatedly violated, or attempted to violate" his orders.
自该案开始以来一直竞争激烈,其中包括墨菲(Murphy)得出的调查结果,即政府“屡次违反或试图违反”他的命令。墨菲在2025年认定,政府违反了他发出的另一项命令,该命令要求在试图将一组移民送往南苏丹之前采取额外的步骤。
Murphy in 2025 found that the administration had violated another order he issued requiring additional steps before attempting to send a group of migrants to South Sudan. More than a dozen UN human rights experts have written to the U.S. government urging a halt to policies that they said on Monday were putting migrants at heightened risk of abuse, including torture and persecution, by deporting them to third countries.
十多位联合国人权专家已致信美国政府,敦促其停止他们周一所说的将移民驱逐到第三国、从而使移民面临遭受虐待(包括酷刑和迫害)风险加剧的政策。
"At gravest risk are children, women, persons with disabilities, victims of trafficking, LGBT persons, human rights defenders, stateless persons and other people in extremely vulnerable situations," they said, without documenting individual cases.
他们在没有记录具体个案的情况下表示:“面临最严重风险的是儿童、妇女、残疾人、人口贩运受害者、LGBT群体、人权捍卫者、无国籍人士以及其他处于极度弱势地位的人。”
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