Supreme Court thwarts district judges order to stop deportation

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The U.S. Supreme Court on Thursday handed down another major immigration ruling that will allow the Trump Administration to accelerate mass deportation operations.

In a 7-2 ruling, the high court ruled in favor of the Trump Administration in a legal fight over deporting illegal aliens to third countries, or countries that are not their own. The new order clarifies the court’s June 23 ruling that addressed the issue of third country deportations.

Justice Elena Kagan joined the court’s six conservatives in the majority, while liberal Justices Sonia Sotomayor and Ketanji Brown Jackson dissented.

The Supreme Court said in the unsigned order that its earlier ruling applied to eight men who are currently being held in a U.S. facility in Djibouti, meaning the judge’s later decision was “unenforceable.” U.S. District Judge Brian Murphy had continued to assert that the May deportation flight violated his injunction, arguing that it was still in “full force.”

“The May 21 remedial order cannot now be used to enforce an injunction that our stay rendered unenforceable,” the Supreme Court’s clarifying order reads, confirming that all of Murphy’s rulings are effectively void.

While Justice Kagan sided with her fellow liberals in the previous decision, she explained that she agreed with the Trump Administration this time around in the unsigned order. “But 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,” Kagan wrote.
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The latest ruling comes just under a week after the Trump Administration notched its most significant legal victory of the president’s second term, when the high court significantly curtailed the ability of federal district judges to issue nationwide injunctions against the president’s policies and orders.
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In my legal career, I don't recall ever seeing a district court judge attempt to compel an order that the Supreme Court has stayed.  Kagan is right on this one.

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