The Supreme Court of the United States authorized President Donald Trump on Monday to resume the deportation of migrants to countries other than their countries of origin, by overturning a previous court order that required the government to provide those affected with a meaningful opportunity to explain the risks they would face in those destinations.
According to BBC, with a vote of 6-3, the conservative majority of the Court overturned the ruling of Judge Brian Murphy from Boston, who in April had blocked those deportations, considering that they could involve torture or death for migrants if sent to third countries.
The case involved eight migrants from Myanmar, South Sudan, Cuba, Mexico, Laos, and Vietnam, who were deported last month on a flight to South Sudan.
The Trump administration labeled them as "the worst of the worst," although the migrants' attorneys argue that many of them have no criminal records.
The liberal justices Sonia Sotomayor, Elena Kagan, and Ketanji Brown Jackson harshly criticized the majority ruling, accusing the court of rewarding illegality.
Sotomayor highlighted that the Court preferred the risk of thousands suffering violence in distant countries over the possibility of a judge exceeding their authority by demanding minimal legal process guarantees.
The ruling also represents a new victory for Trump in his agenda of mass deportations.
In recent decisions, the Supreme Court had already allowed the termination of Temporary Protected Status (TPS) for Venezuelans and paused a humanitarian program that benefited almost half a million migrants from Cuba, Haiti, Nicaragua, and Venezuela.
The ruling could be applied immediately and opens the door to deportations without prior notice or minimal guarantees
The measure could be implemented immediately, as announced by the Department of Homeland Security, which hailed the ruling as a victory for the "security of the American people," emphasized a report from the AP agency.
Eight migrants who had already been boarded onto a plane headed for South Sudan —including nationals from Cuba, Myanmar, and Vietnam— were ultimately transferred to a military base in Djibouti after Judge Murphy intervened to halt their deportation.
The lawyers for the affected individuals assert that some have no criminal record and that everyone was notified with less than 16 hours' notice, leaving no real possibility for legal counsel.
The defense warns that they could face torture or even death if sent to countries that are not their own and where they do not have support networks.
In her dissenting opinion, Sotomayor accused the Government of acting "without legal restraints" and warned that the Court was allowing deportations without due process.
According to the magistrate, migrants were left exposed to "violence in remote areas" due to a decision she deemed "incomprehensible and inexcusable."
The ruling reinforces President Trump's immigration offensive at a time when his administration has struck deals with countries like Panama and Costa Rica to host migrants in light of other states' refusal to accept deportations from the U.S.
Frequently Asked Questions about the U.S. Supreme Court Decision and Deportations to Third Countries
What has the United States Supreme Court decided regarding deportations to third countries?
The United States Supreme Court authorized President Donald Trump to resume the deportations of migrants to countries other than their countries of origin, overturning a previous court order that required the government to give those affected a meaningful chance to explain the risks they would face in those destinations.
What are the implications of this decision for migrants?
The Supreme Court's decision allows deportations to be carried out without prior notice or minimal safeguards for legal defense, exposing migrants to risks of violence, torture, or death in receiving countries. This represents a setback for migrant rights and reinforces Trump's immigration crackdown.
What do the judges of the court think about this decision?
The liberal justices Sonia Sotomayor, Elena Kagan, and Ketanji Brown Jackson harshly criticized the majority ruling, accusing the court of rewarding illegality. Sotomayor highlighted that the Court preferred the risk of thousands facing violence in distant countries over the possibility that a judge may have overstepped their authority by demanding minimum guarantees of due process.
What happens to humanitarian parole after this decision?
The Trump administration has ordered the immediate cancellation of humanitarian parole for more than 530,000 migrants from Cuba, Haiti, Nicaragua, and Venezuela, requiring them to leave the country under the threat of forced deportation. This measure nullifies the legal residency and work permits granted during Joe Biden's administration.
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