The Supreme Court has allowed the Trump administration to deport eight immigrants currently held at a U.S. military base in Djibouti to South Sudan. In a brief, unsigned ruling, the justices reaffirmed that their earlier order—pausing a lower court’s restrictions on deportations to “third countries” not named in removal orders—applies fully to these individuals. The decision overturns a ruling by U.S. District Judge Brian Murphy, who had barred the government from deporting immigrants to third countries without confirming they would not face torture. Murphy found that the government violated his April 18 order by attempting to deport the eight men to South Sudan, a nation the U.S. State Department warns Americans to avoid because of widespread violence and instability. When the deportation flight was rerouted to Djibouti, the men were detained at a U.S. military facility there.
The Trump administration, represented by Solicitor General D. John Sauer, argued that Murphy’s procedures were interfering with foreign policy and national security. The administration asked the Supreme Court to lift the injunction, claiming the lower court’s actions undermined executive authority over immigration and diplomacy. In its ruling, the Supreme Court’s conservative majority agreed that the stay on Murphy’s injunction remains in effect, meaning his restrictions cannot be enforced. Justice Elena Kagan concurred, though reluctantly, stating that lower courts cannot enforce an order the Supreme Court has stayed.
Justices Sonia Sotomayor and Ketanji Brown Jackson dissented, criticizing the decision as dangerous and unjustified. Sotomayor warned that the ruling effectively allows the government to send the immigrants to South Sudan, where they may face torture or death. She accused the Court of enabling the executive branch to bypass legal safeguards without proper judicial review. The immigrants are reportedly from Cuba, Vietnam, and Laos.