WASHINGTON (AP) — A divided Supreme Court on Monday allowed the Trump administration to restart swift removals of migrants to countries other than their homelands, lifting for now a court order requiring they get a chance to challenge the deportations.
The high court majority did not detail its reasoning in the brief order, as is typical on its emergency docket. All three liberal justices dissented.
It came after immigration officials put eight people on a plane to South Sudan, though they later diverted to a U.S. naval base in Djibouti after a judge stepped in.
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The migrants from countries including Myanmar, Vietnam and Cuba had been convicted of serious crimes in the U.S. Immigration officials have said that they were unable to return them quickly to their home countries.
The case comes amid a sweeping immigration crackdown by Republican President Donald Trump’s administration, which has pledged to deport millions of people who are living in the United States illegally.
In a scathing 19-page dissent, Justice Sonia Sotomayor wrote that the court’s action exposes “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,” she wrote in the dissent joined by Justices Elena Kagan and Ketanji Brown Jackson.
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Attorneys for the migrants sent to South Sudan said they would continue to press their case in court. “The ramifications of Supreme Court’s order will be horrifying,” said Trina Realmuto, executive director of the National Immigration Litigation Alliance.
Department of Homeland Security spokeswoman Tricia McLaughlin, meanwhile, said in a social media post that the decision is a “MAJOR win for the safety and security of the American people.”
The agency did not immediately respond to an email request for comment.
The Supreme Court action halts an order from U.S. District Judge Brian E. Murphy in Boston, who decided in April that people must get a chance to argue deportation to a third country would put them in danger — even if they’ve otherwise exhausted their legal appeals.
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He found that the May deportations to South Sudan violated his order and told immigration authorities to allow people to raise those concerns through their lawyers. Immigration officials housed the migrants in a converted shipping container in Djibouti, where they and the officers guarding them faced rough conditions.
The administration has reached agreements with other countries, including Panama and Costa Rica, to house immigrants because some countries do not accept U.S. deportations. South Sudan, meanwhile, has endured repeated waves of violence since gaining independence in 2011.
Murphy’s order doesn’t prohibit deportations to third countries. But it says migrants must have a real chance to argue they could be in serious danger of torture if sent to another country.
The justices have confronted a similar issue in Trump’s effort to send Venezuelans accused of being gang members to a notorious prison in El Salvador with little chance to challenge the deportations in court.
In that case, the court said migrants must get a “reasonable time” to file a court challenge before being removed, and the majority blocked the administration from resuming the deportations while lower courts worked out exactly how long they should get.
The conservative-majority court has sided with Trump in other immigration cases, however, clearing the way for his administration to end temporary legal protections affecting a total of nearly a million immigrants.
The third-country deportation case has been one of several legal flashpoints as the administration rails against judges whose rulings have slowed the president’s policies.
Another order from Murphy, who was appointed by Democratic President Joe Biden, resulted in the Trump administration returning a gay Guatemalan man who had been wrongly deported to Mexico, where he says he had been raped and extorted. The man, identified in court papers as O.C.G, was the first person known to have been returned to U.S. custody after deportation since the start of Trump’s second term.
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