None of us would feel comfortble in war-torn Sudan. Especially if we had never been there. But to the six Republicans on the U.S. Supreme Court ...no problem. None of that `send me your tired and your poor' stuff. So held the Supreme Court in Department of Homeland Security v. D.V.D., et alii. over the dissents of the three Democrat-appointed Justices. "A decent respect for the opinions of mankind" would lead you to join the dissenters:
The application for stay presented to JUSTICE JACKSON and by her referred to the Court is granted. The April 18, 2025, preliminary injunction of the United States District Court for the District of Massachusetts, case No. 25–cv– 10676, is stayed pending the disposition of the appeal in the United States Court of Appeals for the First Circuit and disposition of a petition for a writ of certiorari, if such writ is timely sought. Should certiorari be denied, this stay shall terminate automatically. In the event certiorari is granted, the stay shall terminate upon the sending down of the judgment of the Court.
JUSTICE SOTOMAYOR, with whom JUSTICE KAGAN and JUSTICE JACKSON join, dissenting. In matters of life and death, it is best to proceed with caution. In this case, the Government took the opposite approach. It wrongfully deported one plaintiff to Guatemala, even though an Immigration Judge found he was likely to face torture there. Then, in clear violation of a court order, it deported six more to South Sudan, a nation the State Department considers too unsafe for all but its most critical personnel. An attentive District Court’s timely intervention only narrowly prevented a third set of unlawful removals to Libya.
Noncitizens facing removal of any sort are entitled under international and domestic law to raise a claim under the Convention Against Torture and Other Cruel, Inhuman or Degrading Treatment or Punishment, Dec. 10, 1984, S. Treaty Doc. No. 100–20, 1465 U. N. T. S. 113. Article 3 of the Convention prohibits returning any person “to another State where there are substantial grounds for believing that he would be in danger of being subjected to torture.” The United States is a party to the Convention, and in 1998 Congress passed the Foreign Affairs Reform and Restructuring Act to implement its commands. The Act provides that “[i]t shall be the policy of the United States not to expel, extradite, or otherwise effect the involuntary return of any person to a country in which there are substantial grounds for believing the person would be in danger of being subjected to torture, regardless of whether the person is physically present in the United States.” §2242(a), 112 Stat. 2681–822, codified as note to 8 U. S. C. §1231. It also directs the Executive to “prescribe regulations to implement” the Convention. §2242(b), 112 Stat. 2681–822.
Those regulations provide, among other things, that “[a] removal order . . . shall not be executed in circumstances that would violate Article 3.” 28 CFR §200.1 (2024). B On February 18, 2025, the Department of Homeland Security (DHS) issued an internal guidance document directing immigration officers to “review for removal all cases . . . on the non-detained docket” and “determine the viability of removal to a third country.” No. 1:25–cv–10676 (D Mass.), ECF Doc. No. 1–4, p. 2.
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