Federal judge refuses to follow Supreme Court ruling on third-country deportations

Eight illegal immigrants are living in a shipping container on a U.S. military base in the African country of Djibouti after a federal judge this week said a Supreme Court ruling allowing third-country deportations doesn’t apply to them. Here’s what you need to know about the federal deportation standoff:

The Djibouti situation

Eight deportees stuck on military base in shipping container:

• Illegal immigrants living in converted container quarters
• Located on U.S. military base in African country of Djibouti
• Have round-the-clock guards from U.S. Immigration and Customs Enforcement
• All eight have serious felony records including murder

The judicial defiance

Federal judge refuses to follow Supreme Court ruling:

• Judge Brian Murphy of U.S. District Court in Boston blocked deportations
• Said Supreme Court ruling on third-country deportations doesn’t apply to eight migrants
• Trump Justice Department asking justices to clarify their ruling
• DOJ says judge misconstruing Monday Supreme Court decision

The Republican outrage

Senator calls judge’s actions “insurrection”:

• Sen. Eric Schmitt said judge giving Supreme Court “the middle finger”
• Called Murphy “radical liberal, progressive, leftist judge”
• Said Murphy “confirmed in lame duck session when Joe Biden, President Autopen, may not even have known he was appointing this person”
• Accused judge of “refusing to obey a Supreme Court order for deportation of seven criminal aliens”

The third-country deportation process

Removals occur when home nations refuse deportees:

• Third-country removals happen when deportees’ home nations won’t take them back
• U.S. can still deport if it finds another country willing to accept them
• Trump administration worked out deal with South Sudan to accept eight deportees
• Judge Murphy tried to stop deportation midflight

The due process dispute

Judge demanded additional protections for migrants:

• Murphy put hold on removals saying administration needed more “due process”
• Required written notice detailing new country they were to be sent to
• Demanded chance to argue to Homeland Security about danger if sent to that country
• Required additional 15 days to appeal ruling in immigration courts

The Supreme Court intervention

High court ruled against judge’s initial decision:

• Supreme Court issued brief order ruling against Murphy’s initial decision
• Court said migrants didn’t deserve more due process protections
• Judge Murphy then quickly issued own ruling saying decision didn’t affect eight migrants
• Murphy said migrants must be given new hearings before release to South Sudan

The Justice Department response

DOJ calls judge’s actions “lawless act of defiance”:

• Solicitor General D. John Sauer told justices district court ruling was “untenable”
• “The district court’s ruling of last night is a lawless act of defiance”
• Justice Department seeking Supreme Court clarification of ruling
• Government challenging judge’s interpretation of high court decision

The judge’s justification

Murphy cites dissenting justice as support:

• Judge said Supreme Court injunction against his initial ruling didn’t affect later rulings
• Cited Justice Sonia Sotomayor’s dissent from Monday Supreme Court ruling
• Sauer said that was weak justification since it was from dissent, not majority opinion
• Lawyers for migrants said government never challenged specific South Sudan deportation rulings

The dangerous living conditions

Migrants face health and security risks:

• Nearby burn pits causing illnesses among migrants and ICE officers
• Rocket attacks from rebels in Yemen placing lives in danger
• U.S. officials said situation is tenuous
• Converted shipping container serves as living quarters

The deportees’ criminal records

All eight have serious felony convictions:

• Jose Manuel Rodriguez-Quinones, Cuban convicted of attempted murder
• Enrique Arias-Hierro, Cuban convicted of homicide and kidnapping
• Thongxay Nilakout, Laotian convicted of murder
• Jesus Munoz-Gutierrez, Mexican convicted of murder

Additional criminal deportees

Remaining four also have violent convictions:

• Dian Peter Domach, South Sudanese convicted of robbery
• Kyaw Mya, Burmese citizen convicted of sex crime against child less than 12
• Nyo Myint, Burmese citizen convicted of sexual assault against mentally infirm person
• Tuan Thanh Phan, Vietnamese convicted of murder

Read more:

• “Lawless act of defiance”: DOJ says Biden judge refusing to follow Supreme Court deportation ruling