Further, the U.S. Supreme Court has allowed the deportation of only eight noncitizens. These people had previously been deported from the United States and are en route to South Sudan in this moment. The collective—which includes almost exclusive male members from several countries including Vietnam, South Korea, Mexico, Laos, Cuba, and Myanmar—has faced extreme legal battles. Each of them is still fighting their arduous deportation paths. In making its case, the Trump administration likes to argue that these are people who have been convicted of violent crimes. This decision seems to directly address those claims.
The eight men were issued “orders of removal,” which are essentially orders directing them to leave the US. At first, U.S. government officials told them they were going to be deported — back to South Africa. But they soon found out that instead, it would be South Sudan. As part of this deportation-processing procedure, the men were required to sign papers admitting their deportation.
One of the detainees is Tuan Thanh Phan, who immigrated to the United States from Vietnam as a child. At just 18 years old, Phan became convicted of murder after killing another teen during a gang fight. His criminal record, including a DUI, is central to his deportation. This ruling is further evidence of the administration’s resolve to deport anyone the administration deems a threat to public safety.
The plane that brought the eight men touched down at Camp Lemonnier, an American military base at the horn of Africa, in Djibouti. Soon, they will be shipped to South Sudan. JHA and allies have previously expressed concern about the conditions these travelers would be subjected to once they arrived. According to these reports, both detainees and U.S. federal agents have suffered severe illness from failures related to medical care, including exposure to malaria. On top of that, high above is the specter of missiles and drones coming from Iranian-backed militants in adjacent Yemen.
Legal counsel for each of the men has raised alarm bells about their security in South Sudan. Trina Realmuto, a lawyer representing the group, stated that they could “face perilous conditions, and potentially immediate detention, upon arrival.”
Sonia Sotomayor and Ketanji Brown Jackson articulated their dissenting opinion on the Supreme Court decision. They contend that this ruling provides the government with preferential treatment in deportation administration. Sotomayor made clear that this is no joking matter. She made clear that by sending eight noncitizens back to South Sudan, the government is admitting that it doesn’t care about their safety concerns.
“What the government wants to do, concretely, is send the eight noncitizens it illegally removed from the United States from Djibouti to South Sudan, where they will be turned over to the local authorities without regard for the likelihood that they will face torture or death.” – Sonia Sotomayor
Sotomayor further criticized the decision by stating, “Today’s order clarifies only one thing: Other litigants must follow the rules, but the administration has the Supreme Court on speed dial.” This statement highlights just how controversial immigration policies have become and the accountability that should be required with government processes.