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Supreme Court Lets Trump Resume Migrant Deportations to Third Countries

Conservative justices allowed the administration to resume deportations without advance notice or hearings to challenge risks of torture

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Overview

  • The unsigned emergency order lifted U.S. District Judge Brian Murphy’s injunction that required written notice and a meaningful opportunity for migrants to raise fear-of-torture claims before third-country removals.
  • Justices Sonia Sotomayor, Elena Kagan and Ketanji Brown Jackson dissented in a 19-page opinion warning that migrants sent abroad without due process face possible torture or death.
  • In May, immigration officials tried to send eight convicted migrants to South Sudan but were diverted to a U.S. naval base in Djibouti after Murphy’s order halted the flight.
  • The third-country deportation policy targets migrants from Myanmar, Vietnam, Cuba, Laos and Mexico whose home governments have often refused to accept their return.
  • The ruling marks another win for President Trump’s sweeping immigration crackdown and sends the underlying challenge back to an appeals court for further review.