The U.S. Supreme Court has cleared the way for the government to deport a group of immigrants currently held at a military facility in Djibouti to South Sudan, marking a significant development in the ongoing debate over “third-country” deportations.
In a brief opinion released Friday, the justices affirmed that a previous stay—originally intended to pause a lower court’s ruling—also applies to eight immigrants now in custody overseas. The decision comes after U.S. District Judge Brian Murphy had blocked deportations to countries not named in an individual’s original removal order unless specific safeguards were met to ensure protection from torture or harm.
Judge Murphy’s May 21 ruling found that the government violated his earlier directive by attempting to deport the eight individuals to South Sudan, a nation the U.S. State Department currently warns against visiting due to armed conflict, kidnapping, and high levels of violence. The group of immigrants, including individuals from Cuba, Vietnam, and Laos, was initially flown toward South Sudan but instead landed in Djibouti, where they remain detained.
In response to the legal back-and-forth, the Trump administration sought emergency relief from the Supreme Court on May 27, requesting permission to resume deportations to third countries while litigation continues. Solicitor General D. John Sauer argued that the judicial restrictions were interfering with diplomatic and national security interests.
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