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Supreme Court Rulings Enable Deportation of Convicted Migrants to War-Torn South Sudan

The removal follows the Supreme Court nullifying lower-court injunctions on third country deportations

The U.S. Supreme Court building is seen in Washington, U.S., May 20, 2024. REUTERS/Evelyn Hockstein/File Photo
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Overview

  • The high court issued unsigned emergency orders this week overturning Judge Brian Murphy’s April and May injunctions and lifting due process safeguards for third-country removals.
  • On July 5, the Department of Homeland Security completed the transfer of eight men convicted of serious crimes in the US from a military base in Djibouti into South Sudan.
  • South Sudan’s Level 4 travel advisory warns of crime, kidnapping and armed conflict, prompting attorneys and dissenting justices to warn the deportees could face imprisonment, torture or death.
  • U.S. District Judge Randolph Moss briefly paused the removals on new constitutional claims, and lower courts are still weighing challenges to the administration’s third-country removal policy.
  • The Trump administration argues third-country agreements with nations like Panama, Costa Rica and Libya are critical when migrants’ home countries refuse to accept those with criminal convictions.