June 26th, 2025
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The Supreme Court, with some internal disagreement, has allowed the Trump administration to restart the quick removal of migrants to countries that are not their home countries. This decision temporarily stops a previous court order that required migrants to have a chance to challenge their deportations.
The majority of the high court did not explain their reasons in the brief order. Justice Sonia Sotomayor, along with the other two liberal justices, strongly disagreed with this decision.
Tricia McLaughlin, a spokesperson for the Department of Homeland Security, suggested that deportations to other countries might start again soon. She stated, "Get the deportation planes ready," describing the decision as a win for the safety and security of the American people.
However, a judge ruled that the deportation flight initially destined for South Sudan would be temporarily suspended.
The immigrants on the May flight, who came from countries like Myanmar, Vietnam, and Cuba, had committed serious crimes in the U.S. Immigration officials stated that they were unable to quickly send them back to their home countries.
Their attorney, Trina Realmuto, who is the executive director of the National Immigration Litigation Alliance, said they might be imprisoned, tortured, or even killed if they are sent to South Sudan.
U.S. District Judge Brian E. Murphy in Boston confirmed that a previous decision, which permitted them to express their worries in court, is still valid, even though the immigrants have been relocated to a naval base in Djibouti.
This situation is happening during a major effort by President Donald Trump's Republican administration to control immigration, and they have promised 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 from the country. She also mentioned that the Supreme Court's decision "confirms the President's right to deport criminal illegal immigrants, which helps make the country safer."
In her 19-page dissenting opinion, Sotomayor stated that the court's decision puts "thousands at risk of torture or death." She also pointed out that this gives the Trump administration a victory, even though they had previously not followed the lower court's order.
In her dissenting opinion, which Justices Elena Kagan and Ketanji Brown Jackson supported, she argued that the government has shown, through both its words and actions, that it believes it is not limited by laws. This allows it to deport people without telling them beforehand or giving them a chance to explain their situation.
South Sudan, which is 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 country could lead to another civil war.
In court documents, the Justice Department said that the government is currently considering the order to decide what to do next.
The Supreme Court has temporarily stopped Murphy's April decision, which allowed immigrants to argue that being sent to a third country would put them at risk, even if they had already used all their other legal options.
He discovered that the May deportations to South Sudan went against his order, so he told immigration authorities to let people express these worries through their lawyers. Afterwards, immigration officials placed the migrants in a converted shipping container in Djibouti, where both the migrants and the officers guarding them experienced very difficult conditions.
The government has made agreements with countries such as Panama and Costa Rica to accept immigrants, because some nations do not allow their citizens to be sent back from the U.S. For example, Sotomayor noted that migrants sent to South Sudan in May were given less than 16 hours' notice.
Although Murphy's order, given his appointment by President Joe Biden, did not stop deportations to other countries, it required that migrants be given a real chance to show they could face serious danger of torture if sent elsewhere.
In a related order within the same case, the Trump administration was required to bring back a gay Guatemalan man who had been incorrectly sent to Mexico. He reported being raped and extorted there. This was the first known time someone was returned to U.S. custody after deportation since Trump's second term began.
The judges encountered a comparable situation concerning Trump's plan to deport Venezuelans, who were accused of gang affiliation, to a well-known prison in El Salvador, where their opportunities to legally contest their deportations would be significantly limited.
However, in that situation, the judges stopped deportations allowed by an 18th-century wartime law, stating that migrants should have a "reasonable time" to file a court appeal before they are removed.
The court, which has a conservative majority, has previously supported Trump in other immigration cases, allowing his administration to end temporary legal protections that affected nearly a million immigrants.
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