June 26th, 2025
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The Supreme Court, after a split decision, has allowed the Trump administration to quickly send migrants back to countries that are not their home countries. This decision temporarily stops a previous court order that had given migrants the chance to challenge these deportations.
The majority of the high court did not explain their reasoning in the brief order. Justice Sonia Sotomayor, joined by the other two liberal justices, wrote a very critical opposing opinion.
Tricia McLaughlin, a spokesperson for the Department of Homeland Security, indicated that deportations to other countries might begin again soon. She stated that this decision was "a victory for the safety and security of the American people" and encouraged the agency to "fire up the deportation planes."
However, a judge ruled that the deportation flight initially scheduled to South Sudan would be temporarily suspended.
The immigrants on the May flight, who came from countries such as Myanmar, Vietnam, and Cuba, had committed serious crimes in the U.S. Immigration officials said they found it hard to send them back to their home countries quickly.
Their lawyer, Trina Realmuto, who is the executive director of the National Immigration Litigation Alliance, said that if they are sent to South Sudan, they could face "imprisonment, torture, or even death."
Judge Brian E. Murphy in Boston confirmed that his previous decision, which allowed the immigrants to express their worries in court, is still valid, even though they have been moved to a naval base in Djibouti.
This situation is happening while President Donald Trump's Republican administration is carrying out a wide-ranging immigration policy, intending to deport millions of people who are living in the United States without legal permission.
White House spokeswoman Abigail Jackson stated that the Constitution and Congress give the President the power to enforce immigration laws and remove dangerous foreign nationals. She added that the Supreme Court's decision "confirms the President's right to remove criminal illegal immigrants from the country and make America safe again."
In her 19-page disagreement, Sotomayor argued that the court's decision puts many people at risk of torture or death. She also highlighted that it gives the Trump administration a victory, even though they had previously ignored the lower court's order.
In her dissenting opinion, which Justices Elena Kagan and Ketanji Brown Jackson also supported, she stated that the government's actions and words showed it believed it was not bound by law. She argued that the government thought it could deport people anywhere without telling them beforehand or giving them a chance to explain their situation.
South Sudan, the world's newest and one of its poorest countries, has experienced many periods of violence since it became independent from Sudan in 2011. Now, increasing political problems in the African nation could lead to another civil war.
In court filings, the Justice Department indicated that the government is currently evaluating the order to determine its subsequent course of action.
The Supreme Court has temporarily stopped Murphy's April ruling, which allowed immigrants to argue that being deported to a third country would put them at risk, even if they had already used all their other legal avenues.
He determined that the May deportations to South Sudan were against his order and told immigration authorities to let people express these worries through their lawyers. Immigration officials kept the migrants in a changed shipping container in Djibouti, where they and the officers watching them experienced difficult conditions.
The government has made agreements with countries such as Panama and Costa Rica to accept immigrants. This is because some countries do not allow their own citizens, who have been deported from the U.S., to return. For instance, Sotomayor pointed out that migrants sent to South Sudan in May were informed less than 16 hours before their departure.
Even though Murphy's order, which came from a Biden appointee, didn't stop people from being deported to other countries, it said that migrants must have a good chance to show they could be seriously tortured if they are sent back there.
In a separate but related ruling, the Trump administration sent a gay Guatemalan man back to the U.S. after he had been mistakenly deported to Mexico. He claimed he was raped and extorted there. This was the first time someone was known to be returned to U.S. custody after being deported since Trump's second term began.
The judges encountered a comparable situation when Trump sought to deport Venezuelans, who were accused of gang affiliation, to a notorious prison in El Salvador, affording them minimal legal recourse to contest their removal.
However, in that situation, the judges stopped deportations happening under an 18th-century wartime law, stating that migrants must be given a "reasonable time" to file a court challenge before they are removed.
The court, which is mostly conservative, has often supported Trump's government in immigration cases, allowing his administration to end temporary legal protections that affect nearly a million immigrants.
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