US District Judge Brian Murphy on Monday evening sidestepped the US Supreme Court and said his order barring deportation of illegal aliens to South Sudan remains in effect.
In a 6-3 decision, the US Supreme Court on Monday allowed the Trump Administration to resume deporting illegal aliens to ‘third-party’ countries.
The Supreme Court granted the Trump Administration’s emergency application and paused Judge Brian Murphy’s order blocking the third-country removals.
Liberal Justices Sotomayor, Kagan and Jackson dissented.
In her dissent, Sotomayor said, “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. I cannot join so gross an abuse of the Court’s equitable discretion.”
Last month US District Judge Brian Murphy, a Biden appointee, said the Trump Administration violated his court order to provide the aliens with “meaningful” due process since they were being sent to “third-party” countries.
Some of the aliens are from Laos, Vietnam, and Cuba, so sending them to South Sudan puts them in danger, attorneys argued.
Judge Murphy said the US must maintain custody of the dangerous aliens during the process.
Judge Murphy also ordered the US government to provide interpreters and counsel to the aliens during the interview.
President Trump fumed and said that because of the judge’s order, 8 of the most violent criminals on earth are currently being held in Djibouti, a tiny country on the Horn of Africa next to Ethiopia.
The US government doesn’t even have a detention facility in Djibouti, so 11 ICE agents are detaining the aliens in a conference room in a converted Conex shipping container on the US Naval base in Camp Lemonnier, Djibouti.
On Monday evening, Judge Murphy ignored the US Supreme Court and said his previous order remains in effect.
“The Court’s May 21, 2025 Order on Remedy remains in full force and effect, notwithstanding today’s stay of the Preliminary Injunction,” Murphy said.
Murphy cited Sotomayor’s dissent: (Sotomayor dissenting) ([T]he District Court’s remedial orders [were] not properly before [the Supreme] Court because the Government has not appealed them, or sought a stay pending a forthcoming appeal.).
Holy Crap! Judge sidesteps SCOTUS. pic.twitter.com/OEJsv7GhnR
— Margot Cleveland (@ProfMJCleveland) June 24, 2025
The federal agents, along with the eight criminal aliens deported to South Sudan, are still stuck in hellish conditions in Djibouti because of Judge Murphy.
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