SCOTUS allows deportation to South Sudan

The International Covenant on Civil and Political Rights (ICCPR), which the United States ratified in 1992 *states in Article 13 (to which the United States has entered no reservations, understandings or declarations),

An Alien lawfully in the territory of a State Party to the present covenant may be expelled therefrom only in pursuance of a decision reached in accordance with law and shall, except where compelling reasons of national security otherwise require, be allowed to submit the reasons against his expulsion and to have his case reviewed by, and be represented for the purpose before, the competent authority or a person or persons especially designated by the competent authority. [ICCPR, art. 13 (emphasis added)].

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 In the ordinary course [under our laws regarding asylum and international convention) if an alien is deported they are returned to where they came - but not if they face oppression.  Not now, here detainees have been sent to South Sudan - a place where safety cannot be assured. Here the District Judge, sought to avoid a Supreme Court order.  Kagan concurred because the judge below breached the duty to obey.

Sonia Sotomayor and Ketanji Brown Jackson dissent.

- GWC

SUPREME COURT OF THE UNITED STATESNo. 24A1153DEPARTMENT OF HOMELAND SECURITY, ET AL. v.D. V. D., ET AL.ON MOTION FOR CLARIFICATION[July 3, 2025] 

On April 18, 2025, the District Court for the District of Massachusetts preliminarily enjoined the Government from removing “any alien” to a “country not explicitly provided for on the alien’s order of removal” without following certain procedures designed to enable the alien to seek relief under the Convention Against Torture and Other Cruel, Inhuman or Degrading Treatment or Punishment (CAT), Dec. 10, 1984, S. Treaty Doc. No. 100−20, 1465 U. N. T. S. 113. No. 25−cv−10676, ECF Doc. 64, pp. 46−47. The District Court later found that the Government had violated that injunction by failing to provide six class members a “meaningful opportunity” to assert CAT claims before such removal. ECF Doc. 118, p. 1. On May 21, the District Court issued an “order on remedy,” directing the Government to follow specified procedures with respect to those individuals, tailored to the circumstances. ECF Doc. 119. The Government sought a stay of the April 18 injunction before our Court. On June 23, we stayed the April 18 preliminary injunction pending disposition of any appeal and petition for writ of certiorari. Later that day, however, the District Court issued a minute order stating that the May 21 remedial order “remain[ed] in full force and effect,” “notwithstanding” our stay of the preliminary injunction. ECF Doc. 176. The only authority it cited was the dissent from the stay order. 

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 JUSTICE SOTOMAYOR, with whom JUSTICE JACKSON joins, dissenting. 

The United States may not deport noncitizens to a country where they are likely to be tortured or killed. International and domestic law guarantee that basic human right. In this case, the Government seeks to nullify it by deporting noncitizens to potentially dangerous countries without notice or the opportunity to assert a fear of torture. Because the Fifth Amendment, immigration law, federal regulations, and this Court’s precedent unambiguously prohibit such no-notice deportations, see DHS v. D. V. D., 606 U. S. ___, ___–___ (2025) (SOTOMAYOR, J., dissenting) (slip op., at 15–18), a Federal District Court issued a classwide preliminary injunction barring the Government from removing noncitizens without notice and adequate process. The Government appealed, and pending its appeal repeatedly violated the District Court’s order. See id., at ___– ___ (slip op., at 2–9). Meanwhile, the Government sought an emergency stay of the injunction from this Court. In its briefing, the Government took a kitchen-sink approach, arguing that the District Court lacked jurisdiction to grant classwide injunctive relief, that it also lacked jurisdiction over individual plaintiffs’ claims under the Due Process Clause, and that the plaintiffs were not entitled to notice or a hearing before their removal. Without citing any of these arguments, or indeed providing any legal justification this court granted the Government its requested stay.****

*⁹ International Covenant on Civil and Political Rights (ICCPR), adopted December 16, 1966, G.A. Res. 2200A (XXI), 21 U.N. GAOR Supp. (No. 16) at 52, U.N. Doc. A/6316 (1966), 999 U.N.T.S. 171, entered into force March 23, 1976, ratified by the United States on June 8, 1992, http://www.ohchr.org/english/countries/ratification/4.htm (accessed May 30, 2007)