Trump administration can resume deportation of immigrants to third countries under the U.S. Supreme Court

The U.S. Supreme Court cleared President Donald Trump’s administration on Monday, deporting immigrants to countries other than their own without providing them with possible harms and won another victory in an active pursuit of mass deportation.

The Justice has filed a judicial order that the government would be a “meaningful opportunity” to immigrants deported to the so-called third country to tell officials that they are at risk of torture on new destinations, while legal challenges are involved. Boston-based U.S. District Judge Brian Murphy issued the order April 18.

Monday’s Supreme Court ruling was not signed, with no reason, common when the High Court ruled an emergency request.

Two other liberal judges of the court joined a verbal objection, with Sonia Sotomayor criticizing the majority’s ruling, calling it a “great abuse” of the court’s discretion and warning that court lawsuits were exposed to “the risk of torture or death in thousands.”

“The government has made it clear that this feels unbounded by the law and can freely expel anyone anywhere without notice or hearing any opportunity,” she wrote in the Dissent.

Tricia McLaughlin, a spokesman for the Department of Homeland Security, suggested that deportation from third countries will start over soon. “The deported aircraft were fired,” she said in a statement. The decision “is a victory for the safety and security of the American people.”

After the department relocated in February to strengthen rapid deportation to a third country, Immigration Rights Group filed a class action lawsuit on behalf of a group of immigrants seeking to prevent them from evacuating such locations without notice and a chance to assert the harm they may face.

On May 21, Murphy discovered that the administration had violated his orders, demanding further procedures, attempting to send a group of immigrants to politically unstable South Sudan, a warning from the U.S. State Department to avoid “due to crime, kidnapping and armed conflict.”

The consequences are “terror”: Immigration lawyers

The judge's intervention prompted the U.S. government to keep immigrants at military bases in Djibouti, although U.S. officials later said one of the deportees from Myanmar would be deported to his home country. Among the other passengers in the flight, one was South Sudanese, while the other was from Cuba, Mexico, Laos and Vietnam.

“as a result of [the] The Supreme Court order will be shocking,” said Trina Realmuto, executive director of the National Immigration Litigation Alliance, which is helping to represent the plaintiffs.

Realmuto said the decision “removed the critical due process protection that protects our class members from torture and death.”

Murphy found that the government's “enforcement of a policy of dismissal of third countries without providing notice and meaningful fear-based claims” “may violate due process requirements under the U.S. Constitution.

Due process often requires the government to provide notification and hearing opportunities before certain adverse actions are taken.

Trump administration argues third countries have necessary options

In an emergency application filed with the Supreme Court on May 27, the government said that all South Sudanese immigrants committed “heerious crimes” in the United States, including murder, arson or armed robbery.

It also told the Supreme Court that its third-country policy has adhered to due process and is crucial to the removal of criminal immigrants, as their countries of origin are often reluctant to take them back.

In March, the government issued guidance saying that individuals could be deported “without further procedures” if third countries had credible diplomatic assurances that would not persecute or torture immigrants.

Under the guidance, if there is no such assurance, if an immigrant expresses concerns about evacuation of the country, U.S. authorities will assess the possibility of persecution or torture, which may refer the person to an immigration court.

A large number of cases

The dispute is the latest case involving a variety of Trump policies, including immigration, and has reached the country's highest judiciary since returning to office in January.

The Supreme Court may allow Trump to terminate the humanitarian plan, which allows thousands of immigrants to live and work temporarily. In April, however, the judge violated the administration's treatment of some targeted immigrants because due process protections in the U.S. Constitution.