The United States Supreme Court, in a contentious ruling, on Monday allowed the Trump administration to resume deporting undocumented migrants to countries other than their homelands, overturning a lower court’s injunction.
The unsigned order from the conservative-majority court—opposed by all three liberal justices—grants temporary authority for these “third country deportations” while litigation continues in appellate courts.
The case stems from an April decision by District Judge Brian Murphy, who halted the practice, arguing migrants deserved at least 15 days to challenge removals and prove potential risks of torture or death in destination countries.
The policy particularly affects eight men—from Myanmar, Cuba, Vietnam, Laos, Mexico, and South Sudan—deemed “convicted violent criminals” by U.S. authorities. These individuals were en route to war-torn South Sudan when Murphy intervened and have since been detained at a Djibouti military base.
Justice Sonia Sotomayor’s blistering dissent accused the administration of “flagrantly unlawful conduct,” warning the policy “expos[es] thousands to the risk of torture or death.” She asserted, “The government has made clear in word and deed that it feels itself unconstrained by law, free to deport anyone anywhere without notice or an opportunity to be heard.”
The Department of Homeland Security celebrated the ruling as a “victory for the safety and security of the American people,” lambasting “activist judges” in a social media post: “If these activists 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… Fire up the deportation planes.”
The decision marks a tactical win for President Trump, who campaigned on mass deportations and has faced repeated legal setbacks over due process concerns. Judge Murphy—a Biden appointee—had also blocked attempts to deport Asian migrants to Libya, reflecting ongoing tensions between the administration and judiciary.