By Steve Neavling
The U.S. Supreme Court on Monday allowed the Biden administration to deport migrants to countries other than their own without first giving them a chance to argue they would face torture or danger, pausing a lower court ruling that had required such due process.
The unsigned order gave no explanation and will remain in effect while the government appeals the case and possibly until the high court reviews it further, The New York Times reports. The court’s three liberal justices dissented, saying the decision puts migrants at risk of torture or death.
The case involves eight men, most of whom were not from South Sudan, who were sent to an American military base in Djibouti as the government sought to deport them to South Sudan, a country many of them had never visited. A federal judge had ruled that the men must be allowed to consult with attorneys and make their case against being deported to a third country. All eight have criminal convictions.
The government objected, saying it was forced to detain the men in a makeshift facility under ICE guard at the military base, disrupting operations and raising national security concerns. Justice Department officials said the facility — a converted conference room — posed health and safety risks to ICE agents and service members.
Leila Kang, an attorney for the men, said the Supreme Court’s ruling could put thousands at risk.
“The Supreme Court’s ruling leaves thousands of people vulnerable to deportation to third countries where they face torture or death, even if the deportations are clearly unlawful,” she said.
In dissent, Justice Sonia Sotomayor said the ruling undermined a federal law designed to prevent deportations to countries where people could face torture.
“Plaintiffs have a right to be heard,” she wrote. “The government has made clear in word and deed that it feels itself unconstrained by law, free to deport anyone anywhere without notice or an opportunity to be heard.”
Homeland Security officials praised the decision.
“DHS can now execute its lawful authority and remove illegal aliens to a country willing to accept them,” said agency spokesperson Tricia McLaughlin. “Fire up the deportation planes.”
