June 26th, 2025
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On Monday, the Supreme Court allowed the Trump administration to quickly deport migrants to countries that are not their home. This decision temporarily stops a court order that previously gave migrants the opportunity to challenge their deportation.
The Supreme Court majority did not explain their decision in the short statement. Justice Sonia Sotomayor and the other two liberal judges strongly disagreed in a very critical response.
Tricia McLaughlin, a spokesperson for the Department of Homeland Security, suggested that sending people back to other countries might start again soon. She stated, "Let's prepare the deportation planes," and described the decision as a success for the safety and security of Americans.
However, a judge decided that a flight to send someone back to South Sudan would be delayed for some time.
The immigrants on the May flight were from countries such as 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, said that if they are sent to South Sudan, they might be imprisoned, tortured, or even killed.
Judge Brian E. Murphy in Boston confirmed that his previous decision, which allows the immigrants to discuss their problems in court, is still active, even though they were sent to a naval base in Djibouti.
This case is happening while President Trump's government is trying to stop illegal immigration. They have promised to send millions of people who are living in the U.S. without permission back to their home countries.
White House spokeswoman Abigail Jackson said that the President has the power from the Constitution and Congress to make sure immigration laws are followed and to remove dangerous foreign people from the country. She added that the Supreme Court's decision "confirms the President's right to remove illegal foreign criminals from our country and Make America Safe Again."
In her 19-page objection, Sotomayor wrote that the court's decision puts "thousands of people at risk of torture or death." She also said that this gives the Trump administration a win, even though they had previously gone against the lower court's orders.
In her dissenting opinion, supported by Justices Elena Kagan and Ketanji Brown Jackson, she wrote that the government acts as if it is not bound by law. It believes it can deport anyone, anywhere, without warning them or giving them a chance to explain themselves.
South Sudan, a very young and poor country, has faced ongoing violence since it became independent from Sudan in 2011. Rising political problems are now threatening to cause 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 an order from April by Murphy. 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 realized that sending people to South Sudan in May went against his orders, so he instructed immigration officials to let people discuss these issues with their lawyers. Immigration officials kept the migrants in a shipping container in Djibouti that had been converted into living quarters, and both the migrants and the officers guarding them faced difficult conditions there.
The government has made agreements with countries like Panama and Costa Rica to house immigrants. This is because some countries do not accept their citizens when they are sent back from the U.S. For example, Sotomayor wrote that migrants sent to South Sudan in May were only told less than 16 hours before they had to leave.
Murphy's order, given by President Biden, did not stop people from being sent to other countries. However, it said that migrants must have a good chance to explain if they would be in serious danger of torture if they were sent away.
In another 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 attacked and forced to pay money. He was the first person known to be returned to the U.S. after being deported since the start of Trump's second term.
The judges faced a similar problem when Trump tried to send Venezuelans, who were accused of being gang members, to a well-known prison in El Salvador. These individuals had very little opportunity to legally question their deportation.
However, in that situation, the Supreme Court stopped deportations, referring to an old wartime law from the 18th century. They said that migrants must have enough time to challenge their removal in court before being sent away.
The court, which has mostly conservative judges, has supported Trump in other immigration cases, allowing his administration to end temporary legal protection for almost a million immigrants.
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