Every few months, the same tired scene plays out in American politics. A president tries to enforce immigration law. Some federal judge – usually hundreds of miles from the border – swoops in with an injunction. Deportation flights get grounded. Convicted criminals who should be on a plane home get to stay put. The whole thing reeks of a system rigged against enforcement, and millions of Americans are sick of watching it happen.
The latest episode featured a federal judge in Boston – Boston, of all places – who decided he had the authority to block the Trump administration from deporting illegal immigrants to third countries when their home nations refuse to take them back. It’s the kind of judicial overreach that makes you wonder whether some of these judges have even glanced at Article II of the Constitution. But this week, the Supreme Court weighed in. And the result was decisive.
From Daily Wire:
The Supreme Court on Tuesday cleared the way for the Trump administration to resume, for now, deporting illegal immigrants to third countries in a boost to the president’s mass deportation campaign.
The unsigned order pauses a lower-court ruling that blocked the policy. The Court’s apparent vote was 6-3, with Justices Sotomayor, Kagan and Jackson dissenting.
Another day, another victory for immigration enforcement. This one deserves a moment of appreciation – not just for what it accomplishes, but for what it signals about the direction of the legal battle over America’s borders.
Three strikes for Judge Murphy
Here’s what makes this ruling especially sweet. According to NPR’s reporting, this is the third time the Supreme Court has swatted down attempts by U.S. District Judge Brian Murphy to freeze the administration’s third-country deportation policy. Three separate occasions. Three separate rebukes from the highest court in the land. At some point, you’d think the message would register.
The Department of Homeland Security had warned that Murphy’s rulings were causing a “logistical nightmare.” Deportation flights canceled. Diplomatic relationships with receiving nations strained. Dangerous delays in removing individuals convicted of assault and drug offenses. Solicitor General John Sauer captured the stakes in his emergency application to the Court: “While certain aliens may benefit from stalling their removal, the Nation does not.”
Sharp, accurate, and now backed by a supermajority of the justices.
25,000 deportations and building
The raw numbers speak volumes. Under the third-country removal framework, the administration has deported roughly 25,000 migrants to more than two dozen countries, including Liberia and Guyana. The vast majority went to Mexico. Every single one of those individuals had no legal right to remain in the United States. Their home countries wouldn’t take them back, so the administration found countries that would. Problem-solving, not hand-wringing.
DHS General Counsel James Percival didn’t mince words: “In our second Supreme Court victory in less than a week, DHS’s third country removal policy is back in effect. A bad day for criminal illegals and open borders activists alike.”
Second victory in less than a week. That’s not a lucky streak. That’s a pattern. It builds on last summer’s landmark 6-3 ruling where the Court affirmed the president’s broad authority to terminate Temporary Protected Status for migrants who can no longer claim dangerous conditions back home. The conservative supermajority keeps recognizing what should be obvious: the president has substantial constitutional authority over the border.
December will be worth watching
The Court also granted certiorari, scheduling full oral arguments for December with a decision expected next summer. The justices want to examine whether lower courts even had jurisdiction to grant nationwide relief, and whether the policy squares with due process protections and conventions against torture. Frankly, the administration should welcome the scrutiny. A definitive ruling could put this question to rest permanently.
Immigration attorneys representing deportees have raised claims of mistreatment abroad. The administration’s counter is straightforward: Secretary of State Marco Rubio secures assurances from receiving countries that deportees won’t face persecution. That’s diplomacy doing its job.
The three liberal justices dissented. No surprise there. But 6-3 is 6-3, and dissents don’t stop deportation flights.
For Americans who have spent years watching the courts sabotage immigration enforcement, this ruling is a vindication. Not just of one policy, but of a bedrock principle: a sovereign nation gets to decide who stays and who goes. The Constitution grants that power to the president. Not to an activist judge in Massachusetts. The Supreme Court – for the third time now – has made that abundantly clear.
Key Takeaways
- The Supreme Court voted 6-3 to reinstate Trump’s third-country deportation policy.
- This marks the third time SCOTUS has overruled the same Boston federal judge.
- Roughly 25,000 illegal immigrants have already been removed under this framework.
- Full oral arguments are scheduled for December, with a final decision expected next summer.
Sources: Daily Wire, NPR