The U.S. Supreme Court has allowed President Donald Trump’s administration to resume deporting migrants to countries other than their own without giving them the opportunity to demonstrate the potential risks they might face. This decision supports a tactic used by the administration for swift expulsions as part of its immigration crackdown efforts.
The court approved the Justice Department’s urgent plea to delay the ruling by Boston-based U.S. District Judge Brian Murphy, which deemed the Department of Homeland Security’s policy of deporting migrants to third countries as illegal. The court is set to hear arguments on the matter in December, with a final ruling on the policy to follow.
With a conservative majority of 6-3, the court’s liberal justices dissented from the decision to allow immediate deportations to resume until the litigation is concluded. The ruling stemmed from a class-action lawsuit filed by immigrant rights groups on behalf of migrants trying to prevent being sent to third countries without prior notification and an opportunity to address potential risks they could face.
According to human rights organizations, over 25,000 migrants have been deported to 29 countries under this policy, with the majority being sent to Mexico. The policy is one of several measures implemented by the administration to achieve Trump’s objective of mass deportation, a key focus since his return to office last year.
Deportations to politically unstable nations like South Sudan, Uganda, Equatorial Guinea, Liberia, and the Central African Republic have been carried out under this policy. The Supreme Court previously supported the administration by suspending a preliminary order from Judge Murphy that halted the deportations and later lifted restrictions that protected a group of individuals from being sent to South Sudan.
The policy allows for swift deportations to third countries that have assured they will not mistreat individuals. For countries without such assurances, deportees are notified of their destination, and U.S. authorities assess the risk of persecution or torture only if the individual expresses concern.
In February, Judge Murphy ruled that the policy violates immigration laws and due process protections under the U.S. Constitution’s Fifth Amendment. The administration argues that third-country deportations are necessary to remove certain individuals, including serious criminal offenders, while critics claim the policy also targets migrants with legal protection from being returned to their home countries.
The plaintiffs in the case argued that deportees have been unlawfully sent back to their home countries, where they faced mistreatment, violence, detention, or disappearance. The case has seen intense debate, with Judge Murphy finding that the administration had repeatedly defied his orders.
United Nations human rights experts have urged the U.S. government to halt policies that put migrants at risk of abuse, torture, and persecution by deporting them to third countries. They highlighted the heightened vulnerability of children, women, persons with disabilities, victims of trafficking, LGBT individuals, and human rights defenders under these policies.
The Supreme Court’s decision marks a significant development in the ongoing legal battle over the administration’s deportation policies.
