Jamaica's TCN deal could be put on hold amid US ruling against policy

 

 

Foreign Affairs Minister Senator Kamina Johnson Smith says the government expects that the third-country nationals (TCN) agreement with the United States will be placed on hold following a ruling against the policy in a federal court earlier this month.

 

The Memorandum of Understanding is intended to facilitate the temporary transit of a limited number of deported individuals through Jamaica to their home countries.

 

In the September 18 decision, the United States Court of Appeals for the First Circuit unanimously rejected the controversial Trump administration third-country deportation policy, saying immigration officials must offer detainees a meaningful opportunity to contest any deportation to countries where they have no ties.

 

The US government is appealing the ruling.

 

Jamaica is among more than 30 countries which have brokered agreements with the US.

 

Speaking at a town hall meeting in New York on Friday, Senator Johnson Smith was asked by a member of the diaspora whether the TCN programme had been shelved.

 

"Was it last week or the week before I updated the public on the fact that the operational procedures that facilitate or support the movement of third country nationals, that those have been settled and now the IOM, who will be responsible for the care of third country nationals who transit Jamaica, they are now completing their work. So it is not shelved. I know there was a case in the US and therefore I imagine that even if arrangements are settled, until that is settled they... probably will not be able to send anyone," she suggested.

 

Last Thursday, the US Justice Department filed an emergency appeal in the Supreme Court asking it to step in, once again, to allow the administration to continue the arrangement.

 

Emergency appeals from the First Circuit are directed to Justice Ketanji Brown Jackson.

 

The Justice Department has requested that if Justice Brown Jackson does not immediately grant the stay the administration is seeking, it wants that matter referred to the full court for action.

 

Politico reported that shortly after the emergency appeal was filed, Justice Brown Jackson ordered lawyers representing deportees to respond to the administration's emergency appeal by 4 p.m. Monday.