Deportation in the USA: Trump government has partial victory in court

The Supreme Court in the United States allows President Donald Trump’s government to deport migrants in third countries. The government had sued the Supreme Court with an urgent request against the order of a federal judge in Boston. A few weeks ago, the latter had decided that migrants had to be granted a certain period in order to legally contest an impending deportation to countries far from their homeland.

The new decision is not final. The matter should continue to be negotiated in front of lower authorities on the matter. In its urgent application, the government had argued that the judge in Boston inadmissibly interfered in foreign policy powers of the President. It is about the deportation of some of the “worst illegal foreigners in the country”.

The Ministry of Homeland protection spoke in a reaction of a victory for the security of people in America. Now the migrants could be deported to countries willing to admit.

In the specific case, it was about the planned deportation of several men to the African crisis state of South Sudan, including two from Vietnam and Myanmar. Only one of the men is South Sudanese. According to US media reports, all men had been convicted of violent crimes. Due to the judicial arrangement, people were most recently stuck in the East African Dschibuti at a US military base.

Of the nine members of the Supreme Courts, the six more conservative judges voted for the government’s urgent application, three more liberal judges voted against it. In a detailed deviating opinion, judge Sonia Sotomayor spoke of a “gross abuse” of the power of the court, which is “incomprehensible” and “unexcused” because he reward the “lawlessness” of the government.

The judge in Boston, Brian Murphy, prevented migrants from being deported in May and issued a nationwide injunction against similar cases. Those affected would not have received a reasonable opportunity to legally defend themselves against the deportation into a third country, and thus ran the risk of becoming a victim of torture or worse, according to the argument.

In the deviating opinion, which was also supported by the other two rather liberal judges, Sotomayor attacked her conservative colleagues head -on. Apparently, the court finds the idea that thousands of “violence” in distant places “,” more bearable “than the less likely possibility that a court of the lower instance had exceeded its power with its temporary decision against the government, wrote Sotomayor.

Trump’s government is increasingly focusing on deportations in third countries. Washington pays the Central American El Salvador in return for the inclusion of deported migrants. In addition to the South Sudan, Libya should also be in discussion as a possible goal.

The Supreme Court in Washington has been politically significant to the right while Trump’s first term (2017–2021). He had succeeded in filling three of the nine judges for life. In the recent decisions by the court on urgent applications against Trump’s politics, the government has already had several victories.