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Supreme Court Authorizes Deportation of Eight Migrants to South Sudan

It rejects a Massachusetts judge’s remedial order that required migrants removed to third countries to have notice to raise torture-risk claims.

The U.S. Supreme Court building is seen in Washington, U.S., May 20, 2024. REUTERS/Evelyn Hockstein/File Photo
FILE - The Supreme Court is seen on Capitol Hill in Washington, Dec. 17, 2024. (AP Photo/J. Scott Applewhite, File)
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US Associate Supreme Court Justices Samuel Alito, Jr., Clarence Thomas and Brett Kavanaugh and U.S. Supreme Court Chief Justice John Roberts look on during inauguration ceremonies in the Rotunda of the U.S. Capitol on January 20, 2025, in Washington, DC.

Overview

  • The unsigned July 3 order clarified that the June 23 Supreme Court stay of Judge Brian Murphy’s April injunction also voided his May 21 remedial order, lifting all lower-court blocks on the South Sudan flight.
  • The Trump administration now has authority to resume deporting eight convicted migrants held at Camp Lemonnier in Djibouti despite their lack of ties to South Sudan.
  • Justices Sonia Sotomayor and Ketanji Brown Jackson dissented, warning summary removals without notice risked exposing the migrants to “torture or death” in the conflict-ridden country.
  • The Justice Department said it secured credible diplomatic assurances from South Sudan that the men will not face torture, even as the migrants’ lawyers pursue further legal challenges.
  • The ruling highlights tensions between executive deportation power and judicial due-process requirements for third-country removals as litigation continues.