WashingtonThe deportation of a number of immigrants who were placed on an aircraft in May that was headed for South Sudan, a war-torn nation with which they have no connection, was approved by the Supreme Court on Thursday.
The ruling follows the conservative majority on the court’s conclusion that immigration agents had the authority to swiftly deport individuals to other nations. An order that had permitted immigrants to contest any removals to foreign nations where they might be in danger was halted by the majority.
Weeks after the flight was diverted to a naval facility in Djibouti, where the migrants who had previously been found guilty of major crimes were detained in a converted shipping container, the court’s most recent ruling makes it apparent that the South Sudanese flight can now finish the journey. It overturns the conclusions of federal judge Brian Murphy in Massachusetts, who stated that his order regarding those migrants remains in effect even after the high court overturned his more general ruling.
According to Assistant Secretary Tricia McLaughlin of the Department of Homeland Security, the flight would be finished swiftly, and they might arrive in South Sudan by Friday.
In their June 23 ruling, the majority of the Supreme Court declared that Murphy’s decision regarding the flight from South Sudan was unenforceable and that it was entirely halted. As is customary in its emergency docket, the court did not provide a complete explanation of its legal reasoning in the underlying case.
Sonia Sotomayor and Ketanji Brown Jackson, two liberal justices, dissented, arguing that the decision favors the government. According to Sotomayor, “the administration has the Supreme Court on speed dial, but other litigants must follow the rules.” Although she disapproved of the initial order, Justice Elena Kagan wrote that it overturns Murphy’s conclusions about the flight from South Sudan.
The eight migrants’ lawyers have warned that if they are taken to South Sudan, where rising political tensions have the potential to turn into another civil war, they might be imprisoned, tortured, or possibly killed.
Trina Realmuto, executive director of the National Immigration Litigation Alliance, stated on Thursday that they are aware that they will be placed in dangerous circumstances and may be detained right away upon arriving.
The drive coincides with a broad immigration crackdown by Trump’s Republican government, which has promised to deport millions of illegal immigrants. Murphy’s discovery has been referred to as an illegal act of defiance by the Trump administration.
McLaughlin referred to Thursday’s ruling as a victory for the American people’s protection, security, and rule of law.
If authorities are unable to promptly return immigrants to their home countries, agreements have been made with other nations to accommodate them. According to Immigration and Customs Enforcement officials, the eight males who were deported to South Sudan in May had final orders of removal after being found guilty of crimes in the United States.
Democratic President Joe Biden selected Murphy, who did not forbid deportations to third nations. However, he discovered that even if migrants have used up all of their legal options, they must have a genuine opportunity to claim that they would be subjected to torture if deported to another nation.
After Murphy discovered that the administration had broken his order by not giving them an opportunity to contest the deportation, officials diverted the flight, putting the soldiers and their guards in difficult circumstances on the naval installation in Djibouti. Since then, they have voiced concerns about being transferred to South Sudan, according to Realmuto.
