On Monday, the Supreme Court granted approval for the Trump administration’s request to suspend a lower court injunction that had prohibited the deportation of individuals to third countries without prior notification.
This ruling signifies a short-term victory for the administration as it seeks to swiftly enforce its immigration policies.
The Court decided 6-3 in favor of suspending the injunction, with Justices Sonia Sotomayor, Elena Kagan, and Ketanji Brown Jackson dissenting.
The case involved a collective of migrants challenging their deportations to third countries—nations distinct from their countries of origin.
Earlier this month, attorneys representing these migrants urged the Supreme Court to uphold a decision made by U.S. District Judge Brian Murphy, who had mandated that the Trump administration retain all migrants facing deportation to third countries in U.S. custody pending further examination.
Judge Murphy, located in Boston, presided over a class-action lawsuit initiated by migrants contesting deportations to nations such as South Sudan, El Salvador, Costa Rica, Guatemala, and others that the administration has reportedly considered in its ongoing deportation initiatives.
Judge Murphy determined that migrants must remain in U.S. custody until they are afforded the chance to participate in a “reasonable fear interview,” which allows them to articulate to U.S. officials any concerns regarding persecution or torture if released into the respective country.
Judge Murphy underscored that his order does not inhibit Trump from “executing removal orders to third countries.” Instead, he clarified in a previous ruling that it “merely requires” the government to “adhere to the law when executing” such removals, in alignment with the U.S. Constitution and in response to the Trump administration’s increase in last-minute removals and deportations.
In appealing the case to the Supreme Court, U.S. Solicitor General D. John Sauer contended that Judge Murphy’s ruling had obstructed the government from deporting “some of the worst of the worst illegal aliens,” including a group of migrants sent to South Sudan earlier this year.
In a separate argument, he reiterated that migrants must stay in U.S. custody at a military base in Djibouti until each individual has the chance to undergo a ‘reasonable fear interview,’ which allows them to communicate any fears of persecution or torture to U.S. officials if they are released into South Sudanese custody.
U.S. judges have consistently determined that the Trump administration breached due process by not informing migrants of their impending removals and denying them the chance to contest their deportations in court. This position has been upheld by the Supreme Court, albeit narrowly, on four distinct occasions since Trump assumed office.
Meanwhile, White House officials have criticized so-called ‘activist’ judges for pursuing a political agenda and have consistently dismissed claims that illegal immigrants are entitled to due process protections.
As many as a dozen individuals from various countries, including Vietnam and Myanmar, were reportedly ordered to be deported to South Sudan, a decision that lawyers for the immigrants previously argued was in ‘clear violation’ of Murphy’s order.
‘Fire up the deportation planes,’ tweeted Assistant Deputy Secretary of Homeland Security Tricia McLaughlin.
‘The SCOTUS ruling is a victory for the safety and security of the American people,’ McLaughlin added. ‘The Biden Administration allowed millions of illegal aliens to flood our country, and now, the Trump Administration can exercise its undisputed authority to remove these criminal illegal aliens and rectify this national security nightmare.’
However, the head of the legal group defending the illegal aliens expressed a different perspective.
‘The consequences of the Supreme Court’s order will be devastating; it removes essential due process protections that have been safeguarding our class members from torture and death,’ stated Trina Realmuto, executive director of the National Immigration Litigation Alliance.
‘We must now act as quickly as possible to conclude the case and restore these protections.’