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Supreme Court Authorizes Deportations to Third Countries in Emergency Order

The conservative majority lifted a lower court’s block through an unsigned emergency order that drew dissents over due process violations and dangers to deportees.

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Supreme Court Justice Neil Gorsuch poses for an official portrait in Washington, D.C. on October 7, 2022.
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Overview

  • On June 23, the Supreme Court issued an unsigned emergency order lifting a district court injunction that had halted third-country removals.
  • The ruling permits the Trump administration to send noncitizens to nations with which they have no ties without prior notice or a hearing.
  • Justice Sonia Sotomayor, joined by Justices Elena Kagan and Ketanji Brown Jackson, dissented, warning that migrants are being denied their Fifth Amendment right to due process.
  • Human rights advocates caution that deportees face risks of torture, kidnapping or armed conflict in destinations such as South Sudan, Libya and El Salvador.
  • Legal scholars say the decision sets a precedent for future administrations to bypass court orders and limits judicial oversight of immigration enforcement.