The U.S. Supreme Court has granted the Trump administration’s emergency request to lift a lower court’s block on the deportation of migrants to third countries without allowing them to present fear-based claims — a move critics say opens the door to human rights violations.
The unsigned order overturns a previous ruling by Judge Brian Murphy of Boston, who had blocked the government from deporting migrants to nations like South Sudan without due process protections. Murphy had warned the practice likely violated constitutional guarantees, especially after discovering the government tried to quietly deport eight men to South Sudan — a country the State Department deems unsafe due to armed conflict and lawlessness.
The migrants, temporarily held at a military base in Djibouti, will now be subject to removal under the administration’s policy, which claims compliance with due process and necessity for national security. The administration said the men had committed serious crimes in the U.S., including murder and armed robbery, and argued their home countries refused to take them back.
Justice Sonia Sotomayor, writing in dissent and joined by Justices Kagan and Jackson, called the ruling “incomprehensible” and “a gross abuse” of judicial power. “Apparently, the court finds the idea that thousands will suffer violence in far-flung locales more palatable than the remote possibility that a district court exceeded its remedial powers,” she wrote.
Immigrant rights groups condemned the decision. “This strips away the most basic due process protections,” said Trina Realmuto, head of the National Immigration Litigation Alliance. “The ramifications are horrifying.”
White House spokesperson Abigail Jackson applauded the ruling, saying it “reaffirms the president’s authority to remove criminal illegal aliens and Make America Safe Again.” Department of Homeland Security official Tricia McLaughlin added, “Fire up the deportation planes.”