Military deportations not covered by order halting DHS removals, admin claims

Catch up quick: Plaintiffs in the case had challenged the Trump admin's practice of deporting people to a country other than their own without giving them notice or a chance to contest their removal.

• Murphy had previously told the Trump admin that people with final removal orders must have an opportunity to argue that deportation to a country other than their own could jeopardize their safety.
• The Trump administration went ahead with several such deportations anyway.

Driving the news: An attorney representing DHS argued in a Wednesday court filing that because the DOD is not a defendant in the case, the deportations it had carried out did not constitute a violation of Murphy's order.

• The filing cited two cases where individuals were deported to Mexico before the Murphy issued his order.
• It also included a sworn declaration from a DHS official, who said all of the people deported after Murphy's order were transferred to Guantanamo Bay before being sent to El Salvador on military flights.

The big picture: Judge Murphy's order was a setback for the government, which has sought to send deported immigrants to countries like El Salvador and Costa Rica.

• Fast-tracked deportations to the notorious prison in El Salvador have become a particular flashpoint, spawning other court fights and contributing to a decline in public approval for the Trump admin's immigration tactics.

Go deeper: Trump administration must follow court orders, most Americans say