Written by Lindsay Whitehurst
Washington (AP) The 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.
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The ruling follows the court’s conservative majority’s conclusion that immigration officers 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 were detained in a converted shipping container, the court’s most recent ruling makes it plain that the South Sudanese flight can make the entire 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.
The majority stated in their June 23 finding that Murphy’s decision was totally suspended and that his decision on the flight from South Sudan was no longer enforceable. 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.
“We are aware that upon arrival, they will encounter dangerous circumstances and possibly be detained immediately,” stated Trina Realmuto, executive director of the National Immigration Litigation Alliance, on Thursday.
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.
Messages requesting response were not immediately answered by the Department of Homeland Security or the White House.
If authorities are unable to promptly return immigrants to their home countries, agreements have been made with other nations to accommodate them. The eight individuals who were deported to South Sudan in May obtained final removal orders after being found guilty of serious offenses 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 chance to claim that they would be subjected to torture if moved 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.