The U.S. Supreme Court has resumed the deportation of immigrants to countries outside of his homeland for President Donald Trump’s administration.
By 6-3, the Justice reversed a lower court order, requiring the government to give immigrants a “meaningful opportunity” to tell officials what risks they might face to be deported to a third country.
Three liberal judges in the court disapproved of the majority ruling, saying it was a “helpful violation.”
The case involved eight immigrants from Myanmar, South Sudan, Cuba, Mexico, Laos and Vietnam who were deported in May on a plane said to have travelled to South Sudan. The Trump administration said it was “the worst case scenario.”
Boston-based U.S. District Court Judge Brian Murphy ruled that the removal violated an order he issued in April that immigrants must have the opportunity to argue that they could be tortured or killed if they were evacuated to a third country – even if their other legal appeals had failed.
Justices Sonia Sotomayor, Elena Kagan and Ketanji Brown Jackson on Monday criticized the decision of most people without signatures, calling it “great abuse.”
“Obviously, the court found that in ancient areas, thousands of people would suffer more palatable acts of violence than when the district court ordered the government to provide notices and procedures for constitutional and statutory rights,” Sotomayor wrote.
“This use of discretion is unforgivable and it is difficult to understand.”
The Department of Homeland Security said the ruling was a “victory for the safety and security of the American people.”
“Deportation planes,” said Tricia McLaughlin, a spokeswoman for the agency.
The Trump administration said eight immigrants committed “heerious crimes” in the United States, including murder, arson and armed robbery.
But immigration lawyers said in their filings to the Supreme Court that many detainees have no criminal convictions.
The National Immigration Litigation Alliance, which represents the plaintiff, called the court’s ruling “terror.”
Its executive director Trina Realmuto said the decision had put their clients in “torture and death.”
Trump brought the case to the judge after Trump refused to block a lower court ruling last month.
Biden’s initial intervention in appointing Judge Murphy prompted the U.S. government to keep immigrants in African countries in Djibouti, where the U.S. military base is located.
Deputy Attorney General John Sauer told the Supreme Court that immigration agents were “forced to establish temporary detention centers for dangerous offenders in the transformed conference room.”
Saul said the government is often unable to deport violent criminal immigrants to their hometowns because these countries refuse to withdraw them, which he said allows them to stay in the United States “victimized law-abiding Americans.”
Monday’s decision was another victory for the Republican president to pursue mass expulsion.
Last month, the Supreme Court allowed Trump to end the temporary protective status of Venezuelan nationals, affecting about 350,000 immigrants.
The judges also said the president could temporarily pause a humanitarian plan that allowed nearly half a million migrants from Cuba, Haiti, Nicaragua and Venezuela to stay in the United States for two years.

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