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SCOTUS Just Said Y’all Can Be Dropped in South Sudan — No Questions Asked

High-stakes victory shakes immigration enforcement power — but at what human cost?

by thinktank
July 3, 2025
Reading Time: 2 mins read
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South Sudan

South Sudan- Free stock images

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The Supreme Court delivered a landmark ruling Thursday, greenlighting rapid deportations to third countries—even places as perilous as South Sudan. The Justices halted a lower-court order that had allowed migrants to legally challenge removals to regions outside their native countries where they risk serious harm.

The decision effectively revives a May operation that flew several migrants—convicted of serious crimes in the U.S.—to South Sudan. Though the flight had already departed, pending legal action had stalled its completion. The Court’s reversal clears the way to finish the trip.

Judge Brian Murphy from Massachusetts, appointed by former President Biden, previously ruled those migrants deserved a chance to prove they might face lethal threats—like torture or imprisonment—if forced into South Sudan. Washington officials branded his ruling “a lawless act of defiance,” countering that the nation holds the legal right to deport to “safe third countries.”

The eight migrants, apprehended during a sweeping Trump-era crackdown, claim they’d face “imprisonment, torture and even death” in South Sudan, a country teetering on the edge of renewed civil conflict. Their lawyers say this move sets a dangerous precedent.
In parallel, the Trump administration has inked deals with other nations to shelter migrants who can’t immediately return to their countries of origin. Now, as flights resume, critics contend that this decision expands immigration enforcement into the morally gray territory of outsourcing deportations to potentially hostile lands.

What this ruling means:
• Broader powers for immigration officials: Deputizes the U.S. government to deport individuals to third countries—even ones in crisis—as long as formal agreements are in place.
• Weaker legal channels: Migrants living in the U.S. now have fewer opportunities to challenge removal orders if they claim danger in their (non-native) destination.
• Humanitarian alarm: Advocates warn this approach could doom vulnerable individuals to life-threatening environments—stretching international protections thin.

With the decision landing smack in the middle of a larger crackdown, it raises major questions: Are these detained individuals being treated fairly? Or has the Court created a loophole—promoting “deportation by any means necessary,” even if it means sending people into storms of violence?

The Supreme Court has strengthened immigration powers, letting the U.S. deport non-citizens to third countries without offering them legal safeguards—even when those places are erupting in conflict.

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