The Trump administration has requested the Supreme Court to expedite the deportation of migrants to countries other than their own, despite a federal judge's ruling requiring that they be given a "meaningful opportunity" to contest such actions.
This ruling followed an incident where several men were placed on a plane for deportation to South Sudan, a country where most of them do not originate. The judge mandated that these individuals be allowed to demonstrate potential risks of torture before being deported to a country other than their own.
The flight reportedly landed in Djibouti, an East African nation with a U.S. military base, where the deportees have been held since. U.S. District Court Judge Brian E. Murphy ruled that the men must have access to legal representation and the opportunity to challenge their deportation.
Among the eight deportees on the flight, one is South Sudanese, while another is set to be returned to Myanmar. The status of the remaining six individuals remains uncertain, although all have been convicted of violent crimes.
In the emergency application filed by the administration, Solicitor General D. John Sauer stated that Judge Murphy's ruling obstructed the government's efforts to remove serious criminal offenders from the country. He noted that many home countries of these individuals often refuse to accept them back, complicating deportation efforts.
Sauer emphasized that the prolonged presence of criminal aliens in the U.S. poses a threat to public safety, as they may continue to commit crimes against law-abiding citizens.
Judge Murphy criticized the administration for creating the turmoil it seeks to address, asserting that his rulings were fair and patient. He clarified that he did not order the return of the men in Djibouti to the U.S. but accepted a government suggestion for them to have due process while abroad.
Sauer contended that the judge was interfering with the executive branch's authority in foreign affairs by imposing burdensome requirements for deportation. He argued that expressing fear of torture should take mere minutes, not weeks.
Judge Murphy highlighted that the deported men received less than 24 hours' notice before their removal, a timeframe he deemed "plainly insufficient."
He warned that the administration's actions could lead to a finding of criminal contempt. The Supreme Court recently emphasized the importance of due process for immigrants facing deportation under the Alien Enemies Act, stating that the practice of providing only 24 hours for challenges to deportations is inadequate.
In a related matter, a federal judge in Washington has initiated an inquiry into whether Trump officials violated an order halting flights of immigrants to El Salvador under the same act. This inquiry is currently on hold as an appeals court reviews a request from the Justice Department to terminate it.