Djibouti, Djibouti — The U.S. Supreme Court has sanctioned the deportation of eight men held for weeks at an American military base in Djibouti to South Sudan, a nation where few have any familial connections. The majority of these individuals hail from countries such as Vietnam, South Korea, Mexico, Laos, Cuba, and Myanmar, with just one of the men originating from South Sudan.
The high court’s ruling, stemming from an order issued Thursday, follows a decision last month from its conservative majority allowing quicker deportations to countries without established connections. This order temporarily stayed a previous district court ruling which required immigrants facing deportation to third countries to first demonstrate a likelihood of torture, persecution, or death.
According to Trina Realmuto, an attorney representing the eight men, the group risks facing dangerous circumstances and possibly wrongful detention upon their arrival in South Sudan. She emphasized the precarious situation they may encounter upon being handed over to local authorities.
Dissenting opinions were voiced by Justices Sonia Sotomayor and Ketanji Brown Jackson, who argued that the ruling effectively grants the government preferential treatment in these deportation cases. Sotomayor expressed concern that the administration’s actions disregard the probability that the men may face severe consequences upon their return. She criticized the court’s decision as indicative of a double standard, suggesting that while other litigants must adhere to established rules, the administration appears to have expedited access to judicial intervention.
The Trump administration has actively sought to establish agreements with various nations willing to accept deportees that cannot be returned to their native countries in a timely manner. The men awaiting deportation have all been convicted of serious offenses, which the administration has highlighted as part of its rationale for their removal from the U.S. Many were nearing the conclusion of their prison sentences and had received orders to depart the country.
Some, like Tuan Thanh Phan, who immigrated from Vietnam as a child, were preparing to return to their homeland following the completion of their sentences after serving for a crime committed in their youth. However, instead of being returned to their countries of origin, these men were initially informed they would be deported to South Africa. When they refused to sign documents confirming this action, their case was brought before Judge Brian E. Murphy in Massachusetts.
Judge Murphy ruled that the government must provide written notification to immigrants facing deportation to a third country, allowing them an opportunity to express a reasonable fear of potential torture. Subsequently, the men were notified that their deportation would instead be to South Sudan without sufficient information regarding their specific circumstances or final destination.
Their flight eventually led them to Camp Lemonnier, a military base located in Djibouti, where Immigration and Customs Enforcement (ICE) agents monitored them with 12-hour shifts. Reports from within the facility indicated various health issues among the detainees and agents, coupled with concerns over inadequate medical treatment, possible malaria exposure, and threats from militants in neighboring Yemen.
In May, the Trump administration appealed to the Supreme Court to intervene and permit the deportation to South Sudan despite the ongoing legal battles. As these unfolding events transpire, the White House and the Department of Homeland Security did not immediately provide any comments regarding the ruling or its implications for the individuals involved.