WASHINGTON (BN24) — The U.S. Supreme Court on Thursday granted a major victory to President Donald Trump’s administration in its effort to deport migrants to third countries, clearing the way for the removal of eight men to South Sudan despite warnings about the country’s instability and the migrants’ lack of any ties there.
The court’s conservative majority issued an order clarifying that its June 23 decision, which lifted an injunction by Boston-based U.S. District Judge Brian Murphy, also applied to his subsequent ruling that sought to halt deportations to the war-scarred African nation. The administration argued that Murphy’s May 21 decision had improperly blocked immigration authorities from completing a removal that had already begun and caused diplomatic complications.
Murphy had previously ruled that migrants targeted for deportation to so-called “third countries” must be allowed to present evidence that they could face torture or persecution if sent somewhere other than their homeland. The judge also ordered the government to provide at least ten days’ notice before such removals. After the Supreme Court paused Murphy’s April injunction last month, Murphy declared that his later order shielding the South Sudan group remained “in full force,” prompting the administration to accuse him of defying the high court.
In its unsigned opinion Thursday, the court directed Murphy to stop enforcing the May 21 order, concluding that its prior ruling rendered his injunction unenforceable. Justice Elena Kagan, a liberal who opposed lifting the original injunction, nevertheless joined the majority this time, writing, “I do not see how a district court can compel compliance with an order that this court has stayed.”
Justices Sonia Sotomayor and Ketanji Brown Jackson dissented. Sotomayor warned that the court’s action effectively stripped migrants of a critical chance to protect themselves from potential harm. “Today’s order clarifies only one thing: Other litigants must follow the rules, but the administration has the Supreme Court on speed dial,” she wrote.
The Trump administration has defended its policy of deporting non-citizens to third countries when their home governments refuse to accept them, contending the approach is essential to enforcing immigration law against individuals convicted of serious crimes in the U.S. In this case, the eight men were kept at a military base in Djibouti as legal battles unfolded.
Supporters of the migrants argued that South Sudan remains a dangerous destination. The State Department has warned Americans to avoid travel there due to ongoing conflict, kidnapping, and violent crime. Attorneys for the men said they face the prospect of “imprisonment, torture, and even death.”
The administration maintained it had secured credible assurances from South Sudanese authorities that the men would not be mistreated. The Justice Department called Murphy’s orders a “lawless act of defiance,” saying they undermined the government’s lawful removal efforts.
The case is part of a broader legal clash over the administration’s aggressive efforts to accelerate deportations and limit due process protections. In earlier rulings this year, the Supreme Court allowed the Trump administration to wind down humanitarian protections for hundreds of thousands of migrants living and working legally in the United States.
Immigrant rights advocates said Thursday’s decision underscored the stakes of the ongoing litigation, warning that the court’s support for the administration’s policies increases the risk of vulnerable individuals being sent to perilous places without adequate safeguards.
