The Supreme Court on Thursday cleared the way for the deportation of several immigrants who were put on a flight in May bound for South Sudan, a war-ravaged country where they have no ties.
The decision comes after the court’s conservative majority found that immigration officials can quickly deport people to third countries. The majority halted an order that had allowed immigrants to challenge any removals to countries outside their homeland where they could be in danger.
The court’s latest decision makes clear that the South Sudan flight can complete the trip, weeks after it was detoured to a naval base in Djibouti. There, the migrants who had previously been convicted of serious crimes were held in a converted shipping container.
It reverses findings from federal Judge Brian Murphy in Massachusetts, who said his order on those migrants still stands even after the high court lifted his broader decision.
Department of Homeland Security Assistant Secretary Tricia McLaughlin said federal authorities would complete the trip to South Sudan by the next day.
The Supreme Court majority wrote that their decision on June 23 completely halted Murphy’s ruling and also rendered his decision on the South Sudan flight “unenforceable.” The court did not fully detail its legal reasoning on the underlying case, as is common on its emergency docket.
Two liberal justices, Sonia Sotomayor and Ketanji Brown Jackson, dissented, saying the ruling gives the government special treatment. “Other litigants must follow the rules, but the administration has the Supreme Court on speed dial,” Sotomayor wrote. Justice Elena Kagan wrote that while she disagreed with the original order, it does countermand Murphy’s findings on the South Sudan flight.
The eight migrants could face “imprisonment, torture and even death” in South Sudan, where escalating political tensions have threatened to devolve into another civil war.
“We know they’ll face perilous conditions, and potentially immediate detention, upon arrival,” Trina Realmuto, executive director of the National Immigration Litigation Alliance, said Thursday.
The push comes amid a sweeping immigration crackdown by Trump’s Republican administration, which has pledged to deport millions of people who are living in the United States illegally. The Trump administration has called Murphy’s finding “a lawless act of defiance.”
McLaughlin said the Supreme Court’s intervention is “a win for the rule of law, safety and security of the American people.” Attorney General Pam Bondi called Murphy a “rogue district court judge” and said the justices had rebuked him.
Authorities have reached agreements with other countries to house immigrants if authorities can’t quickly send them back to their homelands. The eight men sent to South Sudan in May had been convicted of crimes in the U.S. and had final orders of removal, Immigration and Customs Enforcement officials have said.
Murphy, who was nominated by Democratic President Joe Biden, didn’t prohibit deportations to third countries. But he found migrants must have a real chance to argue they could be in danger of torture if sent to another country, even if they’ve already exhausted their legal appeals.
The men and their guards have faced rough conditions on the naval base in Djibouti, where authorities detoured the flight after Murphy found the administration had violated his order by failing to allow them a chance to challenge the removal. They have since said they’re afraid of being sent to South Sudan, Realmuto said.
