WASHINGTON — On Tuesday, the Trump administration requested the Supreme Court to sanction the deportation of several immigrants to South Sudan, a country reeling from conflict and a place where these individuals have no personal connections.
This appeal came a day after the Supreme Court permitted immigration authorities to resume expedited deportations to third-party nations, a decision that countered a previous lower-court mandate allowing migrants to contest removals to potentially dangerous countries.
However, in Boston, Judge Brian Murphy ruled that a deportation flight initially diverted to Djibouti in May couldn’t proceed to South Sudan just yet. His decision kept intact the migrants’ opportunity to argue in court that deportation to South Sudan could subject them to torture, despite the Supreme Court’s temporary pause on his wider order.
In response, the Trump administration criticized Judge Murphy’s ruling in a legal filing, labeling it as “a lawless act of defiance” that disrupts delicate diplomatic efforts and hinders lawful third-country removals.
Attorneys representing the migrants warn that deportation to South Sudan could lead to imprisonment, torture, or even death. South Sudan, which has been plagued by violence since separating from Sudan in 2011, is grappling with political tensions that risk spiraling into another civil war.
This legal battle occurs amidst a broad immigration crackdown by the Trump administration, committed to deporting millions of undocumented individuals living in the U.S. Due to some countries’ reluctance to accept their citizens deported from the U.S., the administration has entered agreements with countries such as Panama and Costa Rica to accommodate these migrants.
Judge Murphy, a Biden appointee, did not prohibit deportations to third countries. However, he upheld the migrants’ right to present a legitimate case arguing against the potential threat of torture if sent to another nation. He found that immigration officials had violated his directive with a flight bound for South Sudan, carrying men from several countries, including Myanmar, Vietnam, and Mexico, who had U.S. criminal convictions.
The administration consequently appealed to the Supreme Court, asserting that Judge Murphy had exceeded his jurisdiction. The Supreme Court’s conservative majority agreed to suspend the judge’s order in a succinct decision, which is customary in the Court’s emergency procedures, but met with a vigorous dissent from the Court’s three liberal justices.