"The May 21 remedial order cannot now be used to enforce an injunction that our stay rendered unenforceable," the Court said, referencing the back and forth that has gone on with this case and the federal judge in Boston. The question before the court was how to handle a circumstance in which they had said previously that the government could deport the men, which was in opposition to a lower court ruling, only to have that lower court refuse to accept the decision and say that its own ruling was still in effect.
Justice Elena Kagan, who had agreed with the minority dissent written by Justice Sonia Sotomayor that the men should not be deported, upheld the Thursday decision, saying "a majority of this Court saw things differently, and I do not see how a district court can compel compliance with an order that this Court has stayed."
Sotomayor and Justice Ketanji Brown Jackson disagreed with the majority, saying that while the case before the court involved the government's ask for "clarification" after the district court refused to abide by the Supreme Court's stay of the district court's order, the government, in their view, wasn't really asking for clarification.
"The Government now asks this court to hold that the stay invalidated the remedial order. In substance, of course, the Government's new request for relief has nothing to do with clarification, so this Court has no business considering its merits now," they say.
In May, a federal judge blocked the Trump administration from sending eight illegal immigrant criminals to South Sudan. The men hail from Myanmar, Vietnam, Cuba, Laos and Mexico, among other nations. None of them is from the African nation to which they are now cleared for deportation.
The men had been held securely in Djibouti, per an order from Boston federal judge Brian Murphy, under watch by American authorities. DHS revealed in that the men had violent criminal convictions, including for murder and rape.
"We conducted a deportation flight from Texas to remove some of the most barbaric, violent individuals illegally in the United States. No country on earth wanted to accept them because their crimes are so uniquely monstrous and barbaric," DHS said, sharing the identities of some of the men.
The Trump administration has sought the ability to deport illegal immigrants to nations other than their home country, noting that there are many countries that will not take illegal immigrants to the United States back.
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