(Washington) Thursday, the Supreme Court authorized the expulsion of several immigrants – who have no connection with South Sudan – to be deported to this country ravaged by war.
This decision follows the decision of the conservative majority of the Court, which ruled that immigration agents can quickly expel people to third countries. The majority suspended an order which allowed immigrants to challenge any expulsion to countries outside their country of origin where they could be in danger.
The last ordinance of the Court specifies that the flight of the month of May for the South Sudan on which the migrants were able to finish his trip, several weeks after being confused to a naval base of Djibouti. Passengers were detained there in a fitted maritime container. It cancels the conclusions of the federal judge Brian Murphy of Massachusetts, who declared that her ordinance concerning these migrants was still valid even after the High Court canceled its broader decision.
The majority wrote that his decision of June 23 completely canceled Mr. Murphy’s decision and also rendered his decision concerning the flight to South South “inapplicable”. The Court did not detail its legal reasoning on the underlying case, as is often the case in urgent cases.
Two progressive judges, Sonia Sotomayor and Ketanji Brown Jackson, expressed their disagreement, saying that the decision was granted preferential treatment to the government.
“The other litigants must follow the rules, but the administration has the Supreme Court at hand,” wrote Judge Sotomayor. J. Elena Kagan wrote that, although she disagreed with the initial prescription, the latter cancels Mr. Murphy’s conclusions on the flight to South Sudan.
The lawyers of the eight migrants said they were risking “imprisonment, torture, even death” if they were returned to South Sudan, where the climbing of political tensions threatens to degenerate into a new civil war.
“We know that they will be faced with dangerous conditions, or even immediate detention, as soon as they arrive,” said Trina Realmuto, executive director of the Alliance Alliance on Thursday.
This decision comes in a context of a vast repression of immigration led by the Republican administration, which is committed to expeling millions of people illegally living in the United States. The Trump administration described the conclusions of Mr. Murphy as a “act of distrust”. The White House and the Department of Internal Security did not immediately respond to requests for comments.
The authorities have concluded agreements with other countries to host immigrants if they cannot quickly return them to their country of origin. The eight men sent to South Sudan in May had been sentenced to serious crimes in the United States and had been the subject of a final expulsion order.
Judge Murphy, appointed by Democratic President Joe Biden, has not prohibited evictions to third countries. However, he considered that migrants must have a real possibility of arguing that they may be tortured if they are returned to another country, even if they have already exhausted their legal appeals.
The men and their guards were confronted with difficult conditions on the naval base of Djibouti, where the authorities diverted the theft after Mr. Murphy noted that the administration had violated his order by leaving them the possibility of challenging the expulsion. They have since expressed their fear of being returned to South Sudan, said Mr.me Realmuto.