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

Supreme Court’s green light to the Trump administration

The U.S. Supreme Court on Monday gave the green light to the Trump administration to resume deporting migrants to third countries—nations that are not their homelands—without first allowing them to argue that they could face harm or torture there. This decision marks another win for Trump’s aggressive immigration policies.

The court, which holds a 6-3 conservative majority, overturned a lower court ruling that required the government to give migrants a fair chance to present their fears before being deported to so-called “third countries.” The order from the Supreme Court was unsigned and gave no explanation, which is typical in emergency rulings. However, the decision drew strong criticism from the court’s three liberal justices.

Justice Sonia Sotomayor, writing in a sharp dissent joined by Justices Elena Kagan and Ketanji Brown Jackson, called the move a “gross abuse of power.” She argued that the ruling would put thousands at risk of serious harm and violence in unstable countries, just to avoid a remote chance that a lower court may have overstepped. “This is as incomprehensible as it is inexcusable,” she wrote.

The original block on the deportations came from U.S. District Judge Brian Murphy in Boston, who ruled in April that deporting migrants without informing them or allowing them to present fear-based claims likely violates their constitutional right to due process. In May, Murphy said the government had violated that order when it tried to deport a group of migrants to South Sudan, a country known for violent conflict and instability. He ordered that those migrants be kept at a military base in Djibouti instead.

Despite the Supreme Court’s decision, Murphy clarified that his specific ruling to protect the eight South Sudanese men from being deported still stands.

Immigrant rights advocates say the consequences of the Supreme Court’s ruling are dire. Trina Realmuto, executive director of the National Immigration Litigation Alliance, said the court has stripped away essential protections that could save lives. “This ruling removes critical safeguards and exposes people to the very real threat of torture and death,” she said.

The Trump administration has defended its policy, saying it is aimed at removing migrants who have committed serious crimes in the U.S. but whose home countries refuse to take them back. According to officials, the South Sudan-bound individuals were convicted of violent crimes like murder, armed robbery, and arson. A White House spokesperson said the Supreme Court’s ruling reinforces Trump’s authority to deport dangerous individuals and “Make America Safe Again.” A Homeland Security official added, “Fire up the deportation planes.”

This case is part of a growing number of Trump immigration policies facing legal challenges since his return to the presidency in January. In another recent ruling, the Supreme Court allowed the end of a humanitarian program that had given temporary legal status to hundreds of thousands of migrants. Still, the court criticized how the administration handled deportations under the Alien Enemies Act, a centuries-old law used during wartime, saying due process had not been properly followed.

Justice Sotomayor also pointed out that in previous deportations to South Sudan and other locations—including El Salvador and the U.S. naval base at Guantanamo Bay—the administration had ignored existing court orders. “This court continues to look away from noncompliance,” she wrote, warning that such actions damage public respect for the legal system.

There are even reports that the U.S. has considered sending migrants to Libya, a country long criticized by the U.S. government for its brutal treatment of detainees.

The broader legal fight over third-country deportations is ongoing, but for now, the Trump administration has been allowed to push forward with one of its more controversial policies.

Highlights:

U.S. Supreme Court allows Trump administration to resume third-country deportations.
Migrants can now be deported without being given a chance to present claims of potential torture or harm.
Ruling overturned an earlier court order from Boston Judge Brian Murphy.
Justice Sonia Sotomayor strongly dissented, calling it a “gross abuse of power.”
Immigrant rights groups warn the ruling strips vital due process protections.
The administration defends the policy as targeting criminals whose home countries refuse repatriation.
Court ruling still protects eight South Sudanese men from immediate deportation.
Reports say Libya may also be considered for future deportations despite rights concerns.

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