The Supreme Court, without explanation, allowed the Trump administration to deport noncitizens to countries where they have no prior contact, do not speak the language, and may face torture. The decision came on the emergency docket in Department of Homeland Security v. D.V.D., repeating a similar ruling from 15 months earlier. A federal district court in Boston had issued a preliminary injunction blocking the practice, and the First Circuit upheld it, but the Supreme Court stayed it.
Federal law, 8 U.S.C. § 1231(b)(2)(E), lists specific countries for removal and says another country may be used only as a last resort. The source notes that sending people from Venezuela and Honduras to a prison in South Sudan violates this law. International law, including the Convention Against Torture, requires notice and an opportunity to argue danger.
In dissent, Justice Sotomayor, joined by Justices Kagan and Jackson, wrote that the government wrongfully deported one plaintiff to Guatemala despite an immigration judge's finding of likely torture, and deported six more to South Sudan in violation of a court order. After the government sought clarification, the Court again sided with the administration, and Sotomayor wrote another dissent, joined by Jackson, saying the administration has "the Supreme Court on speed dial."
The Court has granted certiorari and will hear the case in December, but until a decision, the administration may continue the practice. The individuals in the case were deported to South Sudan.