A federal district judge, appointed at the last moment by President Joe Biden, is effectively disregarding a U.S. Supreme Court decision issued on Monday that permits the Trump administration to continue, for the time being, deportations of undocumented migrants to third countries.
On Monday, the Supreme Court granted the Trump administration’s request to suspend a lower court’s injunction that had prevented deportations of individuals to third countries without prior notification.
This ruling represents a short-term victory for the administration as it seeks to swiftly enforce its immigration policies.
The Court decided 6-3 in favor of maintaining the injunction, with Justices Sonia Sotomayor, Elena Kagan, and Ketanji Brown Jackson dissenting.
The case involved a group of migrants challenging their deportations to third countries—nations other than their countries of origin.
Earlier this month, attorneys representing these migrants urged the Supreme Court to uphold a ruling by U.S. District Judge Brian Murphy, who had mandated that the Trump administration keep all migrants facing deportation to third countries in U.S. custody pending further review.
Judge Murphy, located in Boston, presided over a class-action lawsuit filed by migrants contesting deportations to countries such as South Sudan, El Salvador, Costa Rica, Guatemala, and others that the administration has reportedly considered in its ongoing deportation initiatives.
Murphy determined that migrants must remain in U.S. custody until they have the chance to undergo a ‘reasonable fear interview,’ which allows them to communicate to U.S. officials any concerns regarding persecution or torture if released into the country.
Murphy underscored that his order does not inhibit Trump from “executing removal orders to third countries.” Instead, he clarified in a previous ruling that it “merely necessitates” the government to “adhere to the law when executing” such removals, in alignment with the U.S. Constitution and in response to the Trump administration’s increase in last-minute removals and deportations.
In appealing the case to the Supreme Court, U.S. Solicitor General D. John Sauer contended that Murphy’s ruling had obstructed the government from deporting “some of the most egregious illegal aliens,” including a group of migrants dispatched to South Sudan earlier this year without due process or prior notification.
In a distinct argument, he reiterated that the migrants must stay in U.S. custody at a military base in Djibouti until each has the chance to undergo a “reasonable fear interview,” which allows them to articulate to U.S. officials any apprehensions of persecution or torture if released into South Sudanese custody.
Following the Supreme Court’s ruling on Monday, Murphy issued another order that effectively disregarded the Supreme Court’s decision, asserting that his case was not “properly” before the nation’s highest court — a ruling that incited outrage from conservatives.
“I’ve stated repeatedly that these Democrat judges disregard what higher courts, including SCOTUS, dictate. They will pursue their radical anti-Trump agenda regardless of the consequences. Murphy was recommended by Liz Warren and Ed Markey, and appointed by Biden. He does not care what SCOTUS decides,” legal correspondent Julie Kelly remarked on X in response to Murphy’s revised ruling.
“Perhaps John Roberts will begin to recognize the chaos he has created, particularly in deportation cases. Murphy was confirmed after Trump’s victory. He may be a lightweight, but he is an effective activist. The pressing question now is — what will SCOTUS decide in Alien Enemies Act litigation following such blatant involvement?” she added.
A federal judge has recently issued an order that explicitly and overtly disregards the SCOTUS ruling, permitting deportations to proceed. The judge asserts, without providing any evidence, that the SCOTUS ruling is not pertinent to the case, arguing that the matter was not ‘properly’ presented to SCOTUS,” stated Sean Davis, CEO and co-founder of The Federalist, in reaction to Murphy’s ruling on Monday.
