On Monday, the U.S. Supreme Court issued an order temporarily suspending a lower court ruling that required the government to provide at least 15 days’ notice before deporting individuals to countries other than their own.
The original order, issued by Judge Brian Murphy of the U.S. District Court in Massachusetts, stated that people facing deportation must be granted enough time to consult with legal counsel and submit evidence that their safety would be at risk if sent to a third country. The case focused on a flight carrying several men from nations including Myanmar, Laos, Vietnam, Cuba, and Mexico, which was redirected from South Sudan to Djibouti to give them time to appeal their transfer.
Federal officials argue that the individuals in question were convicted of serious crimes — such as murder, sexual assault, kidnapping, and robbery — and that their removal from the U.S. is justified. However, attorneys representing the deportees assert that all individuals, regardless of criminal history, should be given meaningful notice and the chance to dispute deportation, especially to countries where they may face persecution or danger.
The Department of Homeland Security (DHS) contends that its screening process can be completed in minutes, whereas defense attorneys claim that providing less than 24 hours’ notice, as occurred in this instance, leaves little opportunity for legal preparation — particularly for non-English speakers.
The Supreme Court’s unsigned order does not represent a final decision on the matter but places the lower court ruling on hold while the case proceeds through the legal system. Meanwhile, several migrants and U.S. personnel remain in temporary housing at a military base in Djibouti, awaiting the outcome while enduring challenging environmental conditions.
The federal government has argued that the lower court’s mandate disrupts delicate diplomatic efforts to convince third countries to accept individuals whose home nations have refused to receive them. This approach is part of a broader strategy to expedite deportations, especially in cases the administration considers high-priority.
