In a major win for the Trump administration’s immigration agenda, the Supreme Court on Monday authorized the deportation of certain illegal immigrations to “third countries,” overturning a lower-court injunction that had halted the removals.
“With this decision, DHS can finally exercise its undisputed authority to deport criminal illegal aliens – who are not wanted in their home country – to third countries that have agreed to accept them,” the Department of Homeland Security (DHS) said in a statement.
“This order comes after an activist judge caused Immigration and Customs Enforcement (ICE) agents and the eight barbaric criminals to be stranded in Djibouti.”
The 6-3 ruling stayed a lower court injunction that had blocked the removals, with Justices Sonia Sotomayor, Elena Kagan, and Ketanji Brown Jackson dissenting.
The case centered on a group of eight immigrants — all convicted of serious crimes — who challenged their deportations after being transferred to Sudan. They argued they were unlawfully sent to countries not named in their original removal orders and not listed as countries of origin.
US District Judge Brian Murphy had blocked their deportations last month, ordering that the immigrants remain in US custody until they received a “reasonable fear interview” to assess potential persecution if removed.
While Murphy claimed his ruling still permitted deportations, the administration argued it effectively halted removals and obstructed enforcement.
Writing to the court for the Trump administration, Solicitor General D. John Sauer argued Murphy’s decision prevented the swift removal of “some of the worst of the worst illegal aliens.”
Following the Monday ruling, DHS spokeswoman Tricia McLaughlin suggested deportations could resume quickly.
“The Supreme Court ruling is a victory for the safety and security of the American people,” McLaughlin said. “If these activist judges had their way, aliens who are so uniquely barbaric that their own countries won’t take them back, including convicted murderers, child rapists and drug traffickers, would walk free on American streets.”
According information released by the DHS, all eight illegal immigrants had final orders of removal and extensive criminal histories, including murder, rape, and assault.
The Supreme Court’s decision comes amid a flurry of lower court challenges to Trump’s aggressive second-term immigration agenda.
The administration has repeatedly condemned what it calls “activist” judges for trying to impose political agendas through the courts and has rejected the notion that illegal immigrants are entitled to full due process protections.
