The US Supreme Court has again backed the Trump-era administration in a legal battle over deporting migrants to countries other than their own. On Thursday, the court lifted restrictions that a judge had placed to protect eight men the government wanted to send to South Sudan, a country facing political instability.
On June 23, the court temporarily paused a lower court’s injunction that required migrants scheduled for removal to third countries where they have no ties to be given a chance to raise concerns about potential torture or harm. This pause came as legal challenges continued.
In its latest ruling, the court clarified that its decision also applied to a separate order issued in May by the same judge, which had found that the administration violated the earlier injunction when attempting to deport migrants to South Sudan. The State Department has warned Americans to avoid South Sudan due to crime, kidnapping, and armed conflict.
Two liberal justices dissented, expressing concern over the decision. Justice Sonia Sotomayor criticized the court’s move, calling it a “gross abuse” of judicial power that risks exposing thousands of migrants to danger.
The ruling means the judge overseeing the case, Murphy, must no longer enforce the April 18 injunction. However, Murphy’s May 21 order, which required additional procedures before deporting the South Sudan-bound migrants, remains in effect. This order had prompted the government to keep the migrants at a military base in Djibouti, where they are detained. Murphy also specified that non-US citizens should be given at least 10 days to file claims if they fear for their safety.
Following the Supreme Court’s decision, Murphy declared that his May 21 order still stands. The Justice Department responded by accusing the judge of defying the court’s ruling and urged the Supreme Court to clarify its decision. The department claims that Murphy’s actions have hindered the government’s efforts to deport migrants to South Sudan and have disrupted diplomatic relations. It also noted that migrants are being held in a military facility in a region embroiled in conflict.
While the administration has accused the judge of defying the Supreme Court, it has also faced criticism for allegedly violating judicial orders in similar deportation cases. The government defends its third-country deportation policy as essential for removing migrants with criminal backgrounds, especially when their home countries are unwilling to accept them back.
The court’s conservative majority, six justices in total, supports the administration’s stance. The three liberal justices dissented, with Justice Sotomayor calling the ruling a dangerous overreach that puts migrants at risk of torture or death.
Earlier this year, after the Department of Homeland Security increased efforts to deport migrants rapidly to third countries, immigrant rights groups filed a lawsuit on behalf of migrants seeking to prevent their removal without notice or the opportunity to present their safety concerns.
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