WHAT YOU NEED TO KNOW
  • The Supreme Court allowed the Trump administration to continue deporting immigrants to countries where they have no ties and may face violence.
  • The three liberal justices dissented from the unsigned order, which paused notice and review protections imposed by lower courts.
  • The Justice Department says more than 25,000 people have been sent to countries including Honduras, Equatorial Guinea and Liberia.
  • The Court added the case to its docket for arguments in December.

The Supreme Court on Tuesday cleared the Trump administration to keep deporting people to countries where they have no ties and may face violence, without guaranteeing them an opportunity to contest their removal. The ruling preserves one of the administration’s most inhumane immigration practices while the justices consider the dispute.

Over the dissent of the three liberal justices, the Court stayed a lower court decision requiring that immigrants receive notice and an opportunity to challenge their removal before being deported to these “third countries.” That minimal chance to object is now on hold.

The unsigned order also placed the case on the Court’s docket for arguments in December, accelerating the dispute at the administration’s request. The move came just four days after Solicitor General John Sauer asked the Court to pause the lower court order.

The administration has weaponized deportations to unsafe or unfamiliar countries, using the policy as an impetus for immigrants to self deport and as a means of inflicting harm on its favored scapegoat. The Justice Department says it has already sent over 25,000 people to other countries.

Those destinations include Honduras, Equatorial Guinea and Liberia, according to the Justice Department. The policy does not guarantee that people facing removal can contest being sent to countries where they fear persecution, torture or other violence.

The Justice Department had already asked the Supreme Court to intervene twice to protect the policy. In one instance, the administration asked the justices to block an earlier ruling from U.S. District Judge Brian Murphy that imposed notice and review requirements.

Murphy had ordered that immigrants be told which country they would be sent to and receive a chance to challenge the removal. He also ruled that the Department of Homeland Security must lower its threshold to a “reasonable” fear that deportees would face torture before reopening their immigration proceedings.

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The Supreme Court paused Murphy’s order in June, allowing third country deportations to continue in the meantime. That intervention stripped away the protections Murphy had required while the litigation moved forward.

One day later, Sauer returned to the Court and asked it to state explicitly that the administration could deport a group of immigrants to South Sudan. The State Department had placed the country under a “do not travel” advisory because of widespread violence and crime.

The Supreme Court agreed to that request as well. Its latest order once again gives the administration permission to continue the practice while the justices prepare to consider the case on its merits.

Earlier this month, the First Circuit Court of Appeals mostly upheld Murphy’s final order. That order said immigrants must receive an opportunity to challenge deportation based on fears that they would face persecution or torture in the countries selected for them.

The Supreme Court has now stayed the appeals court ruling, leaving the Trump administration free to continue third country removals at least until the case is decided on its merits. The administration obtained that result without a signed explanation from the Court.

Lawyers for four immigrants under removal orders warned the justices about the consequences. “The record shows that class members removed without meaningful notice or an opportunity to present country-specific protection claims have faced prolonged and arbitrary detention, beatings and sexual assault, disappearance, and chain refoulement to countries from which the United States had already granted them protection,” they wrote.

“These harms cannot be undone.” Their request asked the Supreme Court to deny the administration’s demand for a stay and allow the lower court protections to remain in effect.

Denying the stay would not have ended third country deportations. It merely would have given immigrants notice and a chance to argue that sending them to a particular country could expose them to persecution, torture or violence.

Even that sliver of due process proved too much for the Court’s majority. For now, the administration can continue deporting people to unfamiliar and potentially dangerous countries while the case advances toward December arguments.