The U.S. Supreme Court issued a decisive order permitting the Trump administration to proceed with deporting a group of eight immigrants currently being held at a U.S. military base in Djibouti, authorizing their removal to South Sudan. This group of immigrants, originally from Cuba, Vietnam, and Laos, had been intercepted and held in transit after the administration attempted to send them to South Sudan—despite the fact that the country was not listed in their original removal orders. Their deportation became a flashpoint in a broader legal conflict concerning whether the federal government can transfer immigrants to “third countries,” meaning destinations not explicitly named in removal documents. The Supreme Court’s brief, unsigned order reaffirmed that an earlier stay it had issued applied fully, thus allowing immigration officers to proceed with third-country deportations while litigation continued in lower courts.
This decision directly addressed an earlier ruling from U.S. District Judge Brian Murphy, who had blocked deportations to unnamed third countries unless specific safeguards were followed to ensure that the individuals would not be subjected to torture or life-threatening conditions upon their arrival. Murphy emphasized that the administration had violated this order when it attempted to deport the eight immigrants to South Sudan, a country the U.S. government itself warns citizens against traveling to due to violent conflict, kidnapping risks, and widespread crime. Because the plane carrying the immigrants ultimately diverted to Djibouti, where they remain detained at a U.S. military facility, the situation fell into a legal gray zone, leading the administration to seek clarification and relief from the Supreme Court.
The Trump administration argued before the Court that Judge Murphy’s restrictions severely hampered the federal government’s ability to conduct immigration enforcement, especially in complex cases involving diplomatic coordination or national security interests. Solicitor General D. John Sauer claimed Murphy’s safeguards were “judicially created procedures” that disrupted delicate foreign policy efforts and caused substantial operational difficulties in executing third-country removals. Sauer further asserted that the district court’s interpretation amounted to an overreach into executive authority and created what he called “unprecedented defiance” of the Supreme Court’s own earlier stay, which had paused Murphy’s injunction in full.
Attorneys representing the immigrants countered that Murphy’s ruling simply required the government to follow existing legal protections designed to prevent the deportation of individuals to countries where they faced a credible risk of torture or death. They argued that the administration had already demonstrated a willingness to circumvent legal constraints and that the safeguards were essential to preventing irreversible harm. The immigrants’ lawyers stressed that the Supreme Court should leave Murphy’s safeguards in place while the underlying legal issues were still being litigated in the lower courts. They maintained that sending the men to South Sudan—a nation engulfed in conflict and instability—amounted to a reckless disregard for their safety and violated both domestic and international human-rights standards.
The Court’s majority rejected those concerns, stating clearly that its earlier order had fully stayed Murphy’s injunction and that the federal government retained the authority to transfer the detained immigrants. While the majority opinion was unsigned, the lineup of the justices became clear through concurring and dissenting opinions. Justice Elena Kagan, although critical of the Court’s first intervention in the dispute, agreed with the conservative majority that the district court lacked the authority to enforce an injunction that the Supreme Court had already stayed. She explained that, regardless of her disagreement with the Court’s broader approach to third-country removals, the procedural issue was straightforward: the district court could not maintain an order that the high court had paused.
In contrast, Justices Sonia Sotomayor and Ketanji Brown Jackson issued sharp dissents. Sotomayor argued that the government sought to send the immigrants to South Sudan “without regard for the likelihood that they will face torture or death,” calling the administration’s plan dangerous and unlawful. She further criticized the Supreme Court for considering the government’s request at all, asserting that the administration had bypassed necessary procedural steps in lower courts. Sotomayor condemned what she described as the Court’s “continued refusal to justify its extraordinary decisions,” noting that the majority had failed to provide substantive reasoning even as it chastised lower courts for misinterpreting its earlier orders. Her dissent framed the case as an alarming expansion of executive power with potentially life-or-death consequences for vulnerable individuals.