The Supreme Court has just handed the Trump administration a major victory on immigration, and it couldn’t have come at a better time. In a decisive 6-3 ruling, the court put a stop to yet another activist judge’s attempt to tie the hands of the executive branch and undermine the nation’s sovereignty.
The case centers on the Trump administration’s “third-country removal” policy—a common-sense approach that allows the government to deport illegal aliens to countries willing to take them, even if those countries aren’t their homeland.
This program was temporarily derailed by U.S. District Judge Brian Murphy, a Biden appointee, who blocked the administration from deporting a group of illegal immigrants to South Sudan. Murphy’s ruling demanded that the administration provide a warning and jump through a series of bureaucratic hoops before sending these individuals to any country with which they had no prior ties. It was a transparent attempt to create new rights for illegal immigrants out of thin air and to hamstring the federal government’s clear statutory authority.
This is exactly the kind of judicial overreach that Americans are tired of—unelected judges rewriting immigration law to suit their own ideological agendas.
Solicitor General D. John Sauer, arguing for the administration, laid out the stakes plainly: “When illegal aliens commit crimes in this country, they are typically ordered removed. But when those crimes are especially heinous, their countries of origin are often unwilling to take them back. As a result, criminal aliens are often allowed to stay in the United States for years on end, victimizing law-abiding Americans in the meantime. The Executive Branch has taken steps to resolve this problem by removing aliens to third countries that have agreed to accept them.”
“A single federal district court, however, has stalled these efforts nationwide,” Sauer continued. “On behalf of a nationwide class of aliens with final orders of removal, the district court issued an extraordinary preliminary injunction that restrains DHS from exercising its undisputed statutory authority to remove an alien to a country not specifically identified in his removal order (i.e., a “third country”), unless DHS first satisfies an onerous set of procedures invented by the district court to assess any potential claim under the Convention Against Torture (CAT), … no matter how facially implausible.”
More from Fox News:
Lawyers for those migrants had urged the Supreme Court earlier this month to leave in place a ruling from U.S. District Judge Brian Murphy, who previously ordered the Trump administration to keep in U.S. custody all migrants slated for deportation to a country not "explicitly" named in their removal orders – known as a third-country deportation.
Murphy, a federal judge in Boston, presided over a class-action lawsuit from migrants who are challenging deportations to third countries, including South Sudan, El Salvador and other countries, including Costa Rica, Guatemala and others that the administration has reportedly eyed in its ongoing wave of deportations.
Murphy ruled that migrants must remain in U.S. custody until they can have the opportunity to conduct a "reasonable fear interview," or the chance to explain to U.S. officials any fear of persecution or torture should they be released into the country.
Thankfully, the six conservative justices on the Supreme Court recognized the necessity of restoring sanity and order to our immigration system. By lifting the lower court’s injunction, they affirmed that the executive branch has the authority—and the responsibility—to protect American citizens and uphold the law.
You can obviously guess who the three dissents were: Justices Sotomayor, Kagan, and Jackson. Their votes serve as a reminder of what’s at stake in every Supreme Court appointment.
"Rather than allowing our lower court colleagues to manage this high-stakes litigation with the care and attention it plainly requires, this Court now intervenes to grant the Government emergency relief from an order it has repeatedly defied," Justice Sotomayor said. “I cannot join so gross an abuse of the Court’s equitable discretion.”
Cry me a river, Sonia.