Supreme Court Allows Deportation of Eight Immigrants to War-Torn South Sudan

The Supreme Court, with a conservative majority, has cleared the way for the Department of Homeland Security (DHS) to proceed with the deportation of several immigrants to South Sudan, a country ravaged by war and political tensions. The decision, made on Thursday, allows immigration officials to quickly deport individuals to third countries, halting an order that previously permitted immigrants to challenge removals to countries outside their homeland where they could face danger.

The court's ruling enables the completion of a flight to South Sudan, which was initially detoured to a naval base in Djibouti. The eight migrants, who had been convicted of serious crimes in the U.S. and had final orders of removal, were held in a converted shipping container at the naval base. The Supreme Court's decision overturns findings from federal Judge Brian Murphy in Massachusetts, who had previously ruled that his order on those migrants still stood despite the high court lifting his broader decision.

Assistant Secretary Tricia McLaughlin of the DHS announced that federal authorities would complete the trip to South Sudan by the following day. The Supreme Court majority stated that their decision on June 23 completely halted Murphy’s ruling and rendered his decision on the South Sudan flight “unenforceable.” The court did not provide a detailed legal reasoning for its decision, which is common for emergency docket cases.

Two liberal justices, Sonia Sotomayor and Ketanji Brown Jackson, dissented from the majority opinion. Sotomayor criticized the ruling, stating that it gives the government special treatment and allows the administration to bypass standard legal procedures. Justice Elena Kagan, while disagreeing with the original order, also noted that it did not countermand Murphy’s findings on the South Sudan flight.

The eight migrants face significant risks upon their arrival in South Sudan, including imprisonment, torture, and even death. The escalating political tensions in the country threaten to devolve into another civil war. Trina Realmuto, executive director of the National Immigration Litigation Alliance, expressed concern over the perilous conditions the migrants would face upon arrival.

This decision comes amid a broader immigration crackdown by the Trump administration, which has pledged to deport millions of people living in the United States illegally. The administration has characterized Murphy’s findings as “a lawless act of defiance.” McLaughlin described the Supreme Court’s intervention as “a win for the rule of law, safety, and security of the American people,” while Attorney General Pam Bondi referred to Murphy as a “rogue district court judge.”

Authorities have reached agreements with other countries to house immigrants when they cannot be quickly sent back to their homelands. The eight men sent to South Sudan in May had been convicted of crimes in the U.S. and had final orders of removal, according to Immigration and Customs Enforcement officials. Murphy, who was nominated by Democratic President Joe Biden, did not prohibit deportations to third countries but found that migrants must have a real chance to argue they could be in danger of torture if sent to another country, even if they had already exhausted their legal appeals.

The men and their guards have faced rough conditions on the naval base in Djibouti, where authorities detoured the flight after Murphy found the administration had failed to allow them a chance to challenge the removal. They have since expressed fear of being sent to South Sudan, according to Realmuto.