Supreme Court puts on hold -- for now -- lower court ruling pausing third-country deportations
Context:
The Supreme Court has temporarily halted a lower court ruling that allowed deportees to challenge their deportation to third countries, a move that affects eight men from various countries. This action comes as the U.S. government claims these men are violent criminals and seeks to expedite their deportation, despite concerns about their safety in third countries. Judge Brian Murphy previously ruled that deportees should receive a 'credible fear' interview in their native language and at least 15 days to contest their deportation, but the Supreme Court's stay has paused this requirement. The dissenting justices argue the government should proceed cautiously in deportation matters, highlighting the risks to deportees' lives. Immigration lawyers emphasize that even criminals deserve proper notice and the chance to contest deportation, especially to countries with dangerous conditions like South Sudan, where the men initially faced deportation with minimal notice.
Dive Deeper:
The Supreme Court stayed a lower court's decision that required individuals being deported to third countries to have the opportunity to challenge their deportation, affecting a group of eight men initially set to be deported to South Sudan but who ended up in Djibouti.
The U.S. government argues that these men are violent criminals convicted of serious offenses such as murder and sexual assault and therefore do not have the right to remain in the United States.
Judge Brian Murphy had mandated that deportees should receive a 'credible fear' interview in their native language and be given at least 15 days to contest their deportations, but this has been put on hold by the Supreme Court's order.
The dissenting justices, including Sonia Sotomayor, Elena Kagan, and Ketanji Brown Jackson, stressed the importance of proceeding with caution in life-and-death matters, criticizing the government's approach to deportations.
Immigration lawyers argue that the men, who received less than 24 hours' notice for their deportation, deserve meaningful notice and an opportunity to contest deportation to third countries with dangerous conditions, highlighting the potentially punitive nature of the deportation process under the Trump administration.
The U.S. government, through diplomatic efforts, has arranged for third countries to accept these deportees, as their countries of origin refused, but argues that the district court's procedures hinder this process.
The strategy to deport individuals to third countries is not new, but the Trump administration has emphasized repatriation to distant countries to prevent deportees from returning, raising human rights concerns among immigrant advocacy groups.