June 26th, 2025
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The Supreme Court, in 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 said these individuals should have a chance to challenge their deportations.
The majority of the high court did not explain their reasons in the short order. This led to a very strong disagreement from Justice Sonia Sotomayor, who was joined by the other two liberal justices.
Tricia McLaughlin, a spokesperson for the Department of Homeland Security, suggested that deportations to other countries might start again soon. She said, "Fire up the deportation planes," and called the decision "a victory for the safety and security of the American people."
However, a judge ruled that an imminent deportation flight, initially destined for South Sudan, would be temporarily suspended.
The May flight transported immigrants from countries like Myanmar, Vietnam, and Cuba. These individuals had been found guilty of serious crimes in the U.S., and immigration officials stated that the process of sending them back to their home countries was taking a long time.
Their lawyer, Trina Realmuto, who leads the National Immigration Litigation Alliance, stated that if they are returned to South Sudan, they could be imprisoned, tortured, or even killed.
U.S. District Judge Brian E. Murphy in Boston confirmed that a previous decision allowing the immigrants to express their concerns in court is still valid, even though they have been moved to a naval base in Djibouti.
This situation is happening as President Donald Trump's Republican administration is carrying out a major crackdown on immigration, having 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 carry out immigration laws and send dangerous foreign nationals out of the country. She added that the Supreme Court's decision "confirms the President's right to remove criminal undocumented immigrants, which helps make the country safer."
In her nineteen-page dissenting opinion, Sotomayor stated that the court's decision puts many people at risk of torture or death. She also noted that this gives the Trump administration a victory, even though they had previously disregarded the lower court's directive.
In her dissenting opinion, which Justices Elena Kagan and Ketanji Brown Jackson also supported, she argued that the government's actions showed it believed it was not limited by law, allowing it to deport people without telling them beforehand or giving them a chance to speak.
South Sudan, which is the world's newest and one of its poorest countries, has experienced repeated periods of violence since it became independent from Sudan in 2011. The increasing political tensions in the African nation now risk turning into another civil war.
In court documents, the Justice Department indicated that the government is considering the order to decide what to do next.
The Supreme Court has temporarily stopped Murphy's April order, which gave immigrants the opportunity to argue that being sent to a third country could put them in danger, even if they had already used all their legal appeals.
He determined that the May deportations to South Sudan went against his previous order and instructed immigration officials to let people express their worries through their lawyers. However, immigration authorities held the migrants in a changed shipping container in Djibouti, where both the migrants and the officers watching them experienced 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 who have been deported from the U.S. to return. Sotomayor noted that migrants sent to South Sudan in May were given very short notice, less than 16 hours.
Even though the order from Murphy, who was appointed by President Biden, did not stop deportations to other countries, it stated that migrants must have a real chance to show they could be in serious danger of torture if sent to another place.
In a related court order, the Trump administration had to bring back a gay Guatemalan man who was wrongly deported to Mexico. He stated that he had been raped and extorted there. This was the first known case of someone being returned to U.S. custody after deportation since Trump's second term began.
The judges faced a similar situation before when they considered Trump's plan to send Venezuelans, who were thought to be gang members, to a well-known prison in El Salvador, where they would have very limited chances to challenge their deportation in court.
However, in that situation, the judges stopped deportations that were happening under an 18th-century law from wartime, stating that migrants should have a "reasonable amount of time" to file a court case before they are removed.
The court, which is mostly conservative, has supported Trump in other immigration cases, allowing his administration to end temporary legal protections that affect nearly a million immigrants.
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