The U.S. Supreme Court has granted the Trump administration authority to resume deporting migrants to countries other than their homelands without allowing them to demonstrate risk of torture. In a 6-3 unsigned order Monday, the conservative-majority court lifted a lower court injunction requiring migrants receive notice and a "meaningful opportunity" to contest transfers to unstable nations. The ruling enables immediate deportations to countries like South Sudan—where the State Department warns Americans to avoid "crime, kidnapping, and armed conflict."
Justice Sonia Sotomayor, joined by liberal colleagues, condemned the decision as "incomprehensible and inexcusable," warning it greenlights sending thousands to "suffer violence in far-flung locales." She cited the administration’s history of "openly flouting court orders," including attempts to deport migrants to Guantanamo Bay and El Salvador despite judicial blocks. The dissent emphasized that District Judge Brian Murphy’s original injunction—finding the policy likely violated due process rights—remained legally sound.
The "third-country removals" policy targets migrants whose home nations refuse repatriation, often due to criminal records. While the administration claims deportees include murderers and arsonists, attorneys note many have minor offenses. Trina Realmuto of the National Immigration Litigation Alliance called the ramifications "horrifying," stripping protections that "prevent torture and death." Her plaintiffs include eight men nearly deported to South Sudan who remain stranded at a Djibouti military base under Murphy’s surviving order.
The ruling continues Trump’s aggressive deportation agenda. Homeland Security Assistant Secretary Tricia McLaughlin declared "fire up the deportation planes," while the White House celebrated "reaffirm[ing] presidential authority." It follows May’s SCOTUS decision ending humanitarian protections for 500,000 migrants. Leaked plans suggest Libya—condemned by the U.S. for detainee abuse—is also under consideration for deportations.