The Trump administration returned to the Supreme Court on Tuesday in the case of eight men it seeks to deport to South Sudan, asking the justices to make clear that an order they issued on Monday was intended to apply to the group.
The clarity was apparently needed because the Supreme Court on Monday had issued only a brief order letting the government send migrants to countries with which they have no connection without giving them a chance to argue they would face torture. The court provided no explanation of its reasoning, which is common when it rules on emergency applications.
The Supreme Court’s order paused an injunction issued by Judge Brian E. Murphy, of the U.S. District Court in Boston, who had forbidden the deportations of all migrants to third countries unless they were afforded due process.
Soon after the Supreme Court ruled, lawyers for the men filed an emergency motion with Judge Murphy asking him to continue blocking the deportations of eight men currently held in Djibouti.
In a brief order Monday night, the judge denied the motion as unnecessary. He said that he had issued a separate ruling last month, different from the one the Supreme Court had paused, protecting the men in Djibouti from immediate removal.
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Stephen Miller, the White House deputy chief of staff and Mr. Trump’s top immigration adviser, said, “Expect fireworks tomorrow when we hold this judge accountable for refusing to obey the Supreme Court.”
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On Tuesday, D. John Sauer, the solicitor general, told the justices that the judge’s latest order was “a lawless act of defiance that, once again, disrupts sensitive diplomatic relations and slams the brakes on the executive’s lawful efforts to effectuate third-country removals.”
He asked the court for an immediate stay “to make clear beyond any doubt that the government can immediately proceed with the third-country removals of the criminal aliens from Djibouti.”
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The lack of clarity about what will come next for the men is adding to their families’ worries, said Ngoc Phan, whose husband Tuan Thanh is one of the eight detainees. In an email, she said she was “terrified” and “heartbroken” by what she called a “lawless system.”
Though the judge’s initial ruling applied to many migrants, it captured public attention in May when the government loaded eight men onto a plane said to be headed to South Sudan, a violence-plagued African country that most of them had never set foot in.
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The men, who have all been convicted of serious crimes in the United States, have been detained at Camp Lemonnier, the military base, for the past 34 days. {snip}
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