The ruling, which pauses a lower court’s order requiring extensive due process, marks a victory for Trump’s aggressive immigration enforcement agenda.
The case stemmed from a challenge to the administration’s policy of deporting immigrants to countries where they are not citizens, often when their home countries refuse to accept them.
In May, U.S. District Judge Brian Murphy in Boston issued an injunction requiring the government to provide migrants with at least 10 days’ notice and a “meaningful opportunity” to contest their removal to third countries, citing risks of torture or persecution.
Murphy’s order followed an incident where the administration attempted to deport 12 Asian men—convicted of crimes including murder, arson, and armed robbery—to South Sudan before the flight was diverted to a U.S. military base in Djibouti after Murphy intervened, accusing the government of violating his order by providing only 17 hours’ notice.
According to local media, Solicitor General John Sauer argued before the Supreme Court that Murphy’s ruling imposed “onerous procedures” that hindered the government’s ability to remove “some of the worst of the worst illegal aliens.”
Sauer emphasised the diplomatic challenges of deporting criminal migrants, noting that their home countries often refuse repatriation, leaving the U.S. to negotiate with third countries like South Sudan. He warned that holding detainees at makeshift facilities, such as the converted conference room in Djibouti, posed risks to national security and strained military resources.
The Supreme Court’s unsigned order, issued without detailed reasoning, halts Murphy’s injunction while the government pursues an appeal. The ruling allows the administration to proceed with deportations to third countries, though affected migrants can still file individual claims.
Department of Homeland Security spokesperson Tricia McLaughlin celebrated the decision, stating, “DHS can now execute its lawful authority and remove illegal aliens to a country willing to accept them. Fire up the deportation planes.”
White House spokesperson Abigail Jackson echoed this sentiment, calling the ruling a reaffirmation of Trump’s authority to “Make America Safe Again.”
South Sudan has been mired in civil conflict since 2013, with the U.S. State Department issuing a “do not travel” advisory due to crime, kidnapping, and armed conflict. The United Nations has warned of a looming humanitarian crisis, with nearly two-thirds of the country’s 11 million citizens needing aid.
Critics argue that deporting migrants to such unstable regions violates international obligations under the Convention Against Torture, which bars sending individuals to countries where they are likely to face severe harm.
