June 26th, 2025
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The Supreme Court, with a split decision, has allowed the Trump administration to resume quickly deporting migrants to countries that are not their home countries. This ruling temporarily stops a previous court order that gave them the chance to challenge their deportation.
The majority of the high court did not explain their reasons in the short order. Justice Sonia Sotomayor, along with the other two liberal justices, wrote a very strong disagreement.
Tricia McLaughlin, a spokesperson for the Department of Homeland Security, suggested that deportations to other countries could 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 an imminent deportation flight, initially destined for South Sudan, would be temporarily suspended.
The May flight carried 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 they could not send them back to their home countries quickly.
Trina Realmuto, their lawyer and the executive director of the National Immigration Litigation Alliance, stated that if they are returned to South Sudan, they might encounter severe dangers, including incarceration, torture, or even death.
U.S. District Judge Brian E. Murphy in Boston confirmed that a previous decision, which permitted them to voice their concerns in court, is still valid, even though the immigrants have been redirected 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 send millions of people living in the U.S. without permission back to their home countries.
White House spokeswoman Abigail Jackson stated that the Constitution and Congress give the President the power to enforce immigration laws and deport dangerous foreign nationals. She added that the Supreme Court's decision "confirms the President's right to remove criminal illegal aliens, which helps make the country safer."
In her detailed objection, Sotomayor stated that the court's action puts "thousands at risk of torture or death" and gives the Trump administration a win, even though it had previously ignored the lower court's order.
In a strong dissenting opinion, supported by Justices Elena Kagan and Ketanji Brown Jackson, she argued that the government's actions showed it believed it could deport people without following legal rules, not giving them advance warning or a chance to speak.
Since it became independent from Sudan in 2011, South Sudan, which is the newest and one of the poorest countries in the world, has experienced many periods of violence. The increasing political problems in the country could lead to 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 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 legal options.
He understood that the May deportations to South Sudan did not follow his orders, so he told immigration officials to let people express their worries through their lawyers. Immigration officials put the migrants in a changed shipping container in Djibouti, where they and the officers watching them had to deal with difficult conditions.
The government has made agreements with countries like Panama and Costa Rica to take in immigrants, because some countries do not accept their citizens who are deported from the U.S. Sotomayor pointed out that the migrants sent to South Sudan in May were given less than 16 hours' notice.
Although 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 face serious danger of torture if sent back.
In a related court decision, the Trump administration had to bring back a gay Guatemalan man who was wrongly sent 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 faced a similar problem with Trump's attempt to send Venezuelans, accused of being gang members, to a well-known prison in El Salvador, where they would have very few chances to challenge their deportations in court.
However, in that situation, the judges stopped deportations that were happening under an 18th-century wartime law. They stated that migrants should have enough time to file a court appeal before being sent away.
The conservative court has previously supported Trump in other immigration cases, allowing his administration to stop temporary legal protections that affect nearly a million immigrants.
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