The Supreme Court has cleared the way for the Trump administration to deport eight immigrants currently held at a U.S. military base in Djibouti to South Sudan. In a 7-2 decision issued Thursday, the justices confirmed that their June 23 order—which stayed a lower court’s ruling limiting deportations—also applies to these men. This effectively overrides restrictions on removing immigrants to countries not specifically listed in their original deportation orders.
The case originated from an April 18 injunction by U.S. District Judge Brian Murphy. That order barred the federal government from deporting individuals to so-called “third countries” without verifying they would not face torture. On May 21, Murphy found that the government violated his injunction by attempting to deport the eight men to South Sudan, a country known for widespread violence and instability.
After the initial deportation effort, the flight carrying the immigrants landed in Djibouti instead of South Sudan. The men have since been held at a U.S. military base there. The Trump administration quickly appealed to the Supreme Court, arguing that Murphy’s orders were disrupting sensitive diplomatic efforts and national security operations.
Justices Sonia Sotomayor and Ketanji Brown Jackson dissented from the Court’s decision. Sotomayor warned that deporting the men to South Sudan without proper safeguards could lead to torture or death. She criticized the Court for acting without adequate justification and bypassing the appropriate legal channels.
Justice Elena Kagan, while previously opposing third-country removals, sided with the majority this time. She reasoned that a lower court cannot enforce an order that the Supreme Court has formally stayed. The eight immigrants at the center of the case are from Cuba, Vietnam, and Laos.