Supreme Court Clears the Way for Deportations to South Sudan

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The case centers on eight men the DHS said are โ€˜criminal aliensโ€™ who are currently being detained at a U.S. military facility in Djibouti.

The Supreme Court issued an order late on July 3 that cleared the way for the federal government to deport illegal immigrants to third countries to which they have no prior connection.

The case centers on eight men the Department of Homeland Security (DHS) calls โ€œcriminal aliensโ€ who are currently being detained at a U.S. military facility in Djibouti.

The government is temporarily housing the menโ€”who were already in the process of being removed to South Sudanโ€”in Djibouti to comply with an order by Judge Brian Murphy of the U.S. District Court for the District of Massachusetts.

The Supreme Courtโ€™s new order in DHS v. D.V.D. makes it clear that the high courtโ€™s June 23 order allowing the deportations supersedes an order Murphy issued later the same day blocking the removals.

In his June 23 order, Murphy took the position that his previous injunction from April 18 halting the removals remained in effect.

In the Supreme Courtโ€™s 6โ€“3 ruling on June 23, three justicesโ€”Sonia Sotomayor, Elena Kagan, and Ketanji Brown Jacksonโ€”dissented.

Sotomayor wrote at that time that the government has wrongfully deported plaintiffs to South Sudan, โ€œa nation the State Department considers too unsafe for all but its most critical personnel.โ€

DHS told the Supreme Court on June 24 that Murphyโ€™s injunction blocking the deportations was โ€œa lawless act of defianceโ€ that urgently needed to be overturned. The department asked the high court to clarify whether its June 23 order overruled Murphyโ€™s June 23 order, as well as the underlying injunction the judge issued on April 18.

The Supreme Court said in its new unsigned order on July 3 that its June 23 order โ€œrenderedโ€ Murphyโ€™s injunction โ€œunenforceable.โ€

Kagan filed an opinion concurring with the new order.

โ€œI voted to deny the Governmentโ€™s previous stay application in this case, and I continue to believe that this Court should not have stayed the District Courtโ€™s April 18 order enjoining the Government from deporting non-citizens to third countries without notice or a meaningful opportunity to be heard.โ€

โ€œBut a majority of this Court saw things differently, and I do not see how a district court can compel compliance with an order that this Court has stayed,โ€ Kagan wrote.

By Matthew Vadum

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