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Supreme Court Reviews Immigrants’ Deportation Case Amid Torture Concerns

Washington, D.C. — The Supreme Court is considering a significant case involving immigrants facing deportation after the federal government sought to intervene. The case stems from a May 27 request from the government to pause a ruling issued by U.S. District Judge Brian Murphy in Massachusetts.
On Wednesday, lawyers representing a group of immigrants urged the court to uphold Judge Murphy’s order, which prohibits sending them to any country not specified in their removal orders without first taking steps to ensure they will not face torture. The Supreme Court’s decision could impact the deportation process for many immigrants reportedly at risk of torture if returned to their home countries.
U.S. Solicitor General D. John Sauer argued to the justices that Murphy’s ruling is obstructing the government’s ability to deport “some of the worst illegal aliens.” He pointed to ongoing efforts to deport immigrants to South Sudan as a specific example, which Murphy has determined violates his order. These immigrants are currently being housed at a military base in Djibouti.
The dispute began in March when four immigrants filed a lawsuit in federal court, following new guidelines issued by the Department of Homeland Security (DHS). The DHS guidance sought to determine if undocumented immigrants could be redirected to other nations when returning them risks torture.
Judge Murphy’s temporary order prevents the deportation of these immigrants to unspecified “third-party” countries. The order mandates that the government must notify affected immigrants and their lawyers of possible removal destinations, allowing sufficient time for legal challenges. In response, the government’s legal team has requested that the Supreme Court strike down this requirement, claiming it complicates the deportation process and disrupts national security efforts.
Lawyers for the immigrants, however, contested the government’s claims, arguing that any operational difficulties arise from the government’s own choices to disregard the court’s orders. They emphasize that upholding Murphy’s decision is essential to prevent unlawful deportations that place the immigrants at imminent risk of torture.
The immigrants contended that restoring proper legal processes is necessary, highlighting the potential dangers they face if the Supreme Court allows the government to bypass safety protocols. If Murphy’s order is paused, they asserted, they would be subject to rapid deportations to dangerous regions.
There is no timeline for when the Supreme Court will reach a decision on the government’s appeal, leaving the immigrants and their advocates awaiting clarity on their fates.