The Supreme Court lifted a lower court’s restriction on the Trump administration’s policy of deporting migrants to third countries, even when those individuals have no ties to the destination. The decision allows the administration to resume removals like a recent blocked flight to South Sudan, where immigration officials had stationed personnel in Djibouti while awaiting legal clarity. The majority provided no explanation, prompting a sharp dissent from the Court’s liberal justices.
Justice Sonia Sotomayor, joined by Justices Elena Kagan and Ketanji Brown Jackson, criticized the ruling, writing that the Court was “rewarding lawlessness.” She added, “Apparently, the Court finds the idea that thousands will suffer violence in farflung locales more palatable than the remote possibility that a District Court exceeded its remedial powers.” The case originated from a challenge filed by noncitizens alleging due process violations, with U.S. District Judge Brian Murphy issuing a nationwide injunction in April.
Solicitor General D. John Sauer described the judge’s order as lacking a legal foundation and interfering with national security efforts to remove “some of the most heinous criminals.” The administration has argued that these deportations are lawful and critical to enforcement. While the injunction did not mandate return to the U.S., it required that migrants be given the opportunity to raise legal objections before removal. The matter now returns to an appeals court.
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