US supreme court clears way for deportation of migrants to South Sudan

The supreme court on Thursday cleared the way for the deportation of several immigrants who were put on a flight in May bound for South Sudan, a war-ravaged country where they have no ties.

The decision comes after the court’s conservative majority found that immigration officials can quickly deport people to third countries. The majority halted an order that had allowed immigrants to challenge any removals to countries outside their homeland where they could be in danger.

The court’s latest order makes clear that the South Sudan flight detoured weeks ago can now complete the trip. It reverses findings from federal Judge Brian Murphy in Massachusetts, who said his order on those migrants still stands even after the high court lifted his broader decision.

The majority wrote that their decision on 23 June completely halted Murphy’s ruling and also rendered his decision on the South Sudan flight “unenforceable”. The court did not fully detail its legal reasoning on the underlying case, as is common on its emergency docket.

Two liberal justices, Sonia Sotomayor and Ketanji Brown Jackson, dissented, saying the ruling gives the government special treatment. “Other litigants must follow the rules, but the administration has the supreme court on speed dial,” Sotomayor wrote.

Attorneys for the eight migrants have said they could face “imprisonment, torture and even death” if sent to South Sudan, where escalating political tensions have threatened to devolve into another civil war.

“We know they’ll face perilous conditions, and potentially immediate detention, upon arrival,” Trina Realmuto, executive director of the National Immigration Litigation Alliance, said Thursday.

The push comes amid a sweeping immigration crackdown by Trump’s Republican administration, which has pledged to deport millions of people who are living in the United States illegally. The Trump administration has called Murphy’s finding “a lawless act of defiance.”

The White House and Department of Homeland Security did not immediately respond to messages seeking comment.

Authorities have reached agreements with other countries to house immigrants if authorities cannot quickly send them back to their homelands. The eight men sent to South Sudan in May had been convicted of serious crimes in the US.

Murphy, who was nominated by Democratic president Joe Biden, did not prohibit deportations to third countries. But he found migrants must have a real chance to argue they could be in danger of torture if sent to another country.