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Supreme Court Lets Trump Resume Third-Country Deportations Without Due Process

Liberal justices warn the ruling exposes migrants to torture or death in unstable nations after the administration accuses a federal judge of defying its order

Overview

  • The Supreme Court’s 6–3 unsigned order paused a Boston judge’s injunction; it allows the administration to proceed with deporting criminal noncitizens to third countries without pre-removal hearings.
  • Justices Sotomayor, Kagan and Jackson warned the ruling could expose thousands of migrants to torture or death in unstable nations such as South Sudan and Libya.
  • The Justice Department accused Judge Brian Murphy of “unprecedented defiance” for enforcing his May 21 order; the ruling has kept eight migrants at a U.S. military base in Djibouti pending safety reviews.
  • The administration contends that third-country removals are essential for swiftly expelling migrants convicted of serious crimes whose home governments refuse to readmit them.
  • Attorneys for the migrants plan to press their challenge in lower courts as appeals proceed on whether due process guarantees extend to third-country deportations.