June 26th, 2025
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The Supreme Court has allowed the Trump administration to quickly send migrants to other countries, even if they are not their home countries. This means migrants will not currently be able to argue against their deportation in court.
The high court judges didn't explain their reasons in the short decision. Justice Sonia Sotomayor and the other two liberal judges strongly disagreed and wrote a critical response.
Tricia McLaughlin, a spokesperson for the Department of Homeland Security, suggested that deporting people to other countries could begin again soon. She stated that this decision was "a victory for the safety and security of the American people," implying that the planes for deportations should be prepared.
However, a judge decided that one flight planned to send people back to South Sudan would not be departing immediately.
The people 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 send them back to their home countries quickly.
Their lawyer, Trina Realmuto, said they might be imprisoned, tortured, or even killed if they are sent back to South Sudan.
Judge Brian E. Murphy in Boston confirmed that his previous decision, which lets the immigrants discuss their problems in court, is still valid. This is true even though the immigrants were sent to a naval base in Djibouti.
This case is happening while President Trump's government is strongly enforcing immigration laws. They have promised to send many people living in the US illegally back to their home countries.
White House spokesperson Abigail Jackson stated that the President has been given the power by the Constitution and Congress to enforce immigration laws and remove dangerous foreign individuals from the country. She added that the Supreme Court's action "confirms the President's right to remove illegal foreign criminals from our country and make America safe again."
In her disagreement, Sotomayor wrote that the court's action puts thousands of people in danger of torture or death. She also said that this helps the Trump administration win, even though they had not followed the lower court's previous order.
In her dissenting opinion, supported by Justices Elena Kagan and Ketanji Brown Jackson, she wrote that the government has demonstrated it thinks it is not limited by law and can deport anyone without warning or a chance for them to present their case.
South Sudan, a young and very poor country, has faced constant violence since it became independent from Sudan in 2011. Rising political problems in the country risk causing another civil war.
The Justice Department stated in court documents that the government is thinking about the order to decide what to do next.
The Supreme Court has stopped Murphy's order from April. This order allowed immigrants to argue that they would be in danger if deported to another country, even if they had no other legal options left.
He found that sending people to South Sudan in May went against his order, and he told immigration authorities to let people talk about these problems with their lawyers. Immigration officials kept the migrants in a changed shipping container in Djibouti, where both the migrants and the officers guarding them had to deal with tough conditions.
The government has made agreements with countries like Panama and Costa Rica to house immigrants, because some countries do not accept their citizens who are deported from the U.S. Sotomayor wrote that the migrants sent to South Sudan in May were given less than 16 hours' notice.
Murphy, who was chosen by President Joe Biden, issued an order. This order did not stop deportations to other countries. However, he stated that migrants must have a clear opportunity to explain if they might face serious danger of torture when sent to another country.
In a similar case, the Trump administration had to bring back a gay man from Guatemala who was wrongly sent to Mexico. He claimed he was raped and extorted there. This was the first known instance of someone being returned to U.S. custody after deportation since the beginning 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 people had very little chance to challenge their deportation in court.
However, in that situation, the judges stopped deportations, referring to an 18th-century wartime law. They stated that migrants should have enough time to challenge their deportation in court before being sent away.
The court, which has mostly conservative judges, has supported Trump in other immigration cases. This allowed his administration to stop temporary legal protection for almost a million immigrants.
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