June 26th, 2025
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On Monday, the Supreme Court, which was divided, allowed the Trump administration to quickly remove migrants to countries other than their home countries. This decision temporarily stopped a previous court order that gave migrants the chance to challenge their deportation.
The main judges on the high court didn't explain their decision in the short document. Justice Sonia Sotomayor, along with two other judges who agreed with her, strongly disagreed in a very critical statement.
Tricia McLaughlin, a spokesperson for the Department of Homeland Security, suggested that they might soon start sending people who are not from the US to other countries. She said this decision was "a victory for the safety and security of the American people," implying that deportation planes should be made ready.
However, a judge decided to delay a deportation flight that was going to South Sudan.
The immigrants on the May flight came from countries like Myanmar, Vietnam, and Cuba. They had committed serious crimes in the U.S., and immigration officials said they could not quickly send them back to their home countries.
Their lawyer, Trina Realmuto, who is the executive director of the National Immigration Litigation Alliance, stated that they might be imprisoned, tortured, or even killed if they are sent to South Sudan.
Judge Brian E. Murphy in Boston confirmed that his previous decision, allowing the immigrants to share their concerns in court, is still active, even though they have been sent to a naval base in Djibouti.
This case is happening while President Trump's government is making immigration laws much stricter, and they have promised to deport many people who are in the US without legal permission.
White House spokesperson Abigail Jackson said that the President has the power, given by the Constitution and Congress, to make sure immigration laws are followed and to remove dangerous non-citizens from the country. She added that the Supreme Court's decision supports the President's right to remove non-citizens who have committed crimes, which helps make the country safer.
In her 19-page statement, Sotomayor wrote that the court's decision puts "thousands of people at risk of torture or death." She also stated that this gives the Trump administration a victory, even though they had previously ignored the lower court's instructions.
In her dissenting opinion, which Justices Elena Kagan and Ketanji Brown Jackson agreed with, she wrote that the government acts as if it is above the law. She added that they feel free to deport anyone at any time, without telling them beforehand or giving them a chance to explain their situation.
South Sudan, a very new and poor country, has faced many periods of violence since it became independent from Sudan in 2011. Increasing political problems in the country are now so serious that they could start another civil war.
The Justice Department said in court documents that the government is thinking about the order to decide what to do next.
The Supreme Court has temporarily stopped Murphy's April order. This order allowed immigrants to argue that being sent to another country would put them in danger, even if they had already used all their legal options.
He found that the deportations to South Sudan in May went against his order and told immigration authorities to let people discuss these issues with their lawyers. Immigration officials kept the migrants in a modified shipping container in Djibouti, where they and the officers guarding them faced difficult conditions.
The government has made agreements with countries like Panama and Costa Rica to host immigrants because some countries do not accept their citizens back after being deported from the U.S. Sotomayor wrote that the migrants sent to South Sudan in May were only informed less than 16 hours before they had to leave.
Murphy's order, made after his appointment by President Joe Biden, didn't stop deportations to other countries. However, he ruled that migrants must have a real chance to argue they could face serious danger of torture if sent elsewhere.
In another decision for the same case, the Trump administration had to bring back a gay man from Guatemala. He had been wrongly sent to Mexico, where he said he was raped and forced to give money. He was the first person known to be returned to the U.S. after being deported since Trump's second term began.
The judges dealt with a similar situation when Trump tried to send Venezuelans, who were accused of being gang members, to a well-known prison in El Salvador. These people had very little chance to legally challenge their deportation.
However, in that situation, the Supreme Court stopped deportations under an old wartime law. They said that immigrants must have enough time to challenge their case in court before they are sent away.
The court, which has mostly conservative judges, has previously supported Trump in other immigration cases. This allowed his administration to stop temporary legal protection for nearly a million immigrants.
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