Supreme Court deals latest blow to immigrants' rights with ruling on third country deportations

Washington DC - The US Supreme Court paved the way on Monday for President Donald Trump's administration to resume deportations of migrants to countries that are not their own.

The US Supreme Court overruled a lower court ruling that had blocked President Donald Trump's administration from deporting immigrants to third countries.
The US Supreme Court overruled a lower court ruling that had blocked President Donald Trump's administration from deporting immigrants to third countries.  © REUTERS

The unsigned order from the conservative-dominated top court came in response to an emergency appeal by the Justice Department to lift a stay imposed by a lower court on third country deportations.

The Supreme Court did not provide an explanation for the decision and the three liberal justices dissented.

The original case challenging the third country deportations will now be heard by an appeals court, but the Supreme Court's move allows the removals to proceed for now.

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District Judge Brian Murphy had ordered a halt to third country deportations in April, saying migrants were not being given a "meaningful opportunity" to contest their expulsions.

Murphy said they should get at least 15 days to challenge their deportation and provide evidence of whether they may be at risk of torture or death if expelled.

Justice Sotomayor blasts "flagrantly unlawful conduct"

US authorities initially deported eight men to South Sudan, but a court ruling meant that they have been held at a US military base in Djibouti (file photo).
US authorities initially deported eight men to South Sudan, but a court ruling meant that they have been held at a US military base in Djibouti (file photo).  © MARCO LONGARI / AFP

The original case involves the deportation of eight men – two from Myanmar, two from Cuba, a Vietnamese man, a Laotian, a Mexican, and one from South Sudan – who the Trump administration claimed were convicted violent criminals.

They were being flown to war-torn South Sudan when Murphy's order came down and have been held since at a US military base in Djibouti.

Trump's officials have defended the third country deportations as necessary since the home nations of some of those who are targeted for removal often refuse to accept them.

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Justice Sonia Sotomayor, author of the dissent, accused the administration of "flagrantly unlawful conduct" that is "exposing thousands to the risk of torture or death."

"The government has made clear in word and deed that it feels itself unconstrained by law, free to deport anyone anywhere without notice or an opportunity to be heard," Sotomayor said.

The Department of Homeland Security (DHS) welcomed the Supreme Court move as a "victory for the safety and security of the American people."

"If these activists judges had their way, aliens who are so uniquely barbaric that their own countries won't take them back, including convicted murderers, child rapists and drug traffickers, would walk free on American streets," DHS railed in a post on X.

"DHS can now execute its lawful authority and remove illegal aliens to a country willing to accept them," it added. "Fire up the deportation planes."

The Trump administration has pursued an authoritarian program of mass deportation, often in flagrant violation of laws and court rulings, sparking nationwide protests.

Cover photo: REUTERS

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