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U.S. Supreme Court allows — for now — third-country deportations

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U.S. Supreme Court allows — for now — third-country deportations

A United States Air Force Boeing C-17 used for deportation flights is pictured at Biggs Army Airfield in Fort Bliss, El Paso, Texas in February 2025.

Justin Hamel/AFP via Getty Images


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Justin Hamel/AFP via Getty Images

The Supreme Court on Monday stayed a lower court order that required people set to be deported to countries other than their own to be allowed to challenge their deportation orders.

The order focused on a flight of several men from various countries — including Myanmar, Laos, Vietnam, Cuba and Mexico — which was initially headed to South Sudan but ended up in the East African country of Djibouti in order to give the people time to dispute their final destination. The U.S. government says the men are violent criminals, convicted of crimes including murder, sexual assault, kidnapping and robbery, and they don’t deserve to stay in the U.S.

But Judge Brian Murphy of the U.S. District Court for the District of Massachusetts last month said people must still get a so-called “credible fear” interview in their native language to be able to dispute being sent to a country they’re not originally from. He said people must get at least 15 days to challenge their deportations.

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Monday’s unsigned order puts that decision on hold while the legal process continues in the lower courts. The court’s three liberals — Justices Sonia Sotomayor, Elena Kagan and Ketanji Brown Jackson — dissented.

“In matters of life and death, it is best to proceed with caution,” the dissenters wrote. “In this case, the Government took the opposite approach.”

The order is the latest example of the Supreme Court becoming the final arbiter in multiple cases of President Trump’s efforts to accelerate deportations and minimize due process.

Several migrants and U.S. detention officers awaited the court ruling while living in a converted shipping container at a U.S. military base in Djibouti, beset by high temperatures, exposure to malaria, and close proximity to “burn pits,” which emit throat-clogging smog from burning trash and human waste.

The Supreme Court’s liberal justices argued that the government’s haste in deporting people to countries like South Sudan put them at risk of torture or other unsafe conditions. “This Court now intervenes to grant the Government emergency relief from an order it has repeatedly defied,” Sotomayor wrote in the dissenting opinion, which Kagan and Jackson joined. “I cannot join so gross an abuse of the Court’s equitable discretion.”

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Accusations of ‘wreaking havoc’

U.S. Solicitor General John Sauer on May 27 asked the Supreme Court for an immediate stay of Murphy’s order, saying it is “wreaking havoc on the third country removal process.”

“The United States is facing a crisis of illegal immigration, in no small part because many aliens most deserving of removal are often the hardest to remove,” he wrote. Through “sensitive diplomacy,” the U.S. had convinced third countries to accept the men after their own countries refused, he said, but Murphy’s order prevents that “unless DHS first satisfies an onerous set of procedures invented by the district court” to assess whether the men might be tortured or persecuted in the country to which they’re sent.

Immigration lawyers told the Supreme Court that even criminals deserve meaningful notice and an opportunity to be heard before they’re sent to a country with dangerous conditions where they could be tortured.

Lawyers from the Northwest Immigrant Rights Project, Human Rights First, and the National Immigration Litigation Alliance say the men set to end up in South Sudan only got notification the night before their flight.

They also say Mexico, for example, had previously accepted its own citizens deported from the U.S., suggesting that the Trump administration’s process of removing people to third countries is “intentionally punitive.” South Sudan is a politically unstable country in Africa and one of the poorest in the world.

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The strategy to rely on other countries to take in U.S. deportees is not new. But the Trump administration has prioritized getting more countries to repatriate their citizens, including from China, Venezuela and Cuba, in order to more quickly deport people from the U.S.

“And the further away the better, so they can’t come back across the border,” Secretary of State Marco Rubio said during an April cabinet meeting.

DHS policy requires any deportee to get notice of what country they’re being sent to, “and an opportunity for a prompt screening of any asserted fear of being tortured there.”

The arguments in court have centered on how long migrants should have to contest their removal to a country. DHS says this process takes “minutes,” not weeks. In the case of the flight to South Sudan, the men got less than 24 hours’ notice. Immigration lawyers say such little time means deportees’ have little hope of arguing against a removal, especially if they don’t speak English.

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House votes to rein in Trump on Iran as war loses GOP support

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House votes to rein in Trump on Iran as war loses GOP support

Washington — The House on Wednesday passed a measure that would force President Trump to end the war with Iran without congressional authorization, marking the first time the lower chamber has defied the White House on the conflict. 

The House voted 215 to 208 to approve the war powers resolution with the help of four Republicans. Democratic Rep. Jared Golden of Maine, who has voted against the three previous failed attempts, also dropped his opposition and voted for the measure, giving his party unanimity on the issue.

Republican Reps. Thomas Massie of Kentucky, Brian Fitzpatrick of Pennsylvania, Tom Barrett of Michigan and Warren Davidson of Ohio voted with Democrats in favor of the measure.

Democrats in the chamber erupted in applause after passage.

The vote was supposed to take place before lawmakers left for the Memorial Day recess, but House GOP leaders abruptly pulled the vote when it became clear they did not have the numbers to block it. Several Republicans were absent and others were expected to support it. 

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The Senate advanced a similar measure in May to rein in Mr. Trump on Iran after four Republicans joined all but one Democrat to push it forward. Three Republican absences also helped deliver the breakthrough after seven previous unsuccessful votes. 

But the Senate’s procedural vote was just the first step on the way to potential passage, and Republicans will have another opportunity to block it in the coming days.

It’s unclear when they plan to vote on the House version. In a statement, House Democratic leaders called on Senate Republicans “to do the right thing.” 

Support for the war from some Republicans waned after the conflict passed a statutory 60-day deadline under the War Powers Resolution of 1973, which says the president must remove armed forces from hostilities if Congress has not authorized the war. The war passed the deadline on May 1, but the administration has argued that a fragile ceasefire stopped the clock in early April, though both sides have carried out attacks since then.

The Trump administration has also argued the War Powers Resolution of 1973 is unconstitutional, though that theory has never been tested in court.

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Republicans who have voted in favor of limiting Mr. Trump’s military powers in Iran have been uncomfortable with the lack of congressional authorization on the war and a strategy to end it. Some fear the war’s unpopularity and the economic fallout could harm the GOP’s chances at keeping control of Congress after the midterm elections in November. 

GOP Rep. Ashley Hinson of Iowa, who is running for Senate, said in a private exchange at a campaign stop last week that the war could be a “political liability” if it continues beyond “the next couple of weeks,” according to audio obtained by CBS News. 

But Mr. Trump said last month he was in “no hurry” to make a deal with Iran ahead of the midterms. 

“Everybody’s saying, ‘Oh, the midterms, I’m in a hurry.’ I’m in no hurry,” he said. 

The resolution approved Wednesday was introduced in April by Rep. Gregory Meeks of New York, the top Democrat on the House Foreign Affairs Committee. It directs the president “to remove United States Armed Forces from hostilities with Iran,” unless Congress declares war or authorizes the use of military force. 

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Rep. Brian Mast of Florida, the Republican chairman of the House Foreign Affairs Committee, earlier Wednesday called it a “stupid political vote” that “weakens the president’s hands as he’s negotiating with Iran.” 

After the vote, Meeks brushed off the assertion that the war powers votes have undercut the president during negotiations with Iran. When asked whether Democrats would keep forcing votes to end the Iran war, Meeks told reporters, “You can expect us to continue to do our jobs.” 

“We’re going to continue to do our constitutional responsibilities,” he said. 

Fitzpatrick, who also voted in favor of a war powers resolution in May, said, “The law is the law.” 

“We have to follow the law. There’s a law on the books,” Fitzpatrick said. “So you have two choices: You either follow the law or you change the law. You can’t violate the law. That’s not an option.” 

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During floor debate on the measure on May 20, Democrats questioned why Republicans haven’t held a vote on an authorization for military force to provide Mr. Trump with legal guardrails for attacking Iran. 

“If my Republican colleagues believe this is justified, they should bring an AUMF to the floor,” Meeks said.

There’s been little momentum so far behind an AUMF introduced by Barrett earlier in May. 

Rep. Kevin Kiley of California, an independent who caucuses with Republicans, argued there are “better tools” for Congress to assert its authority. 

“We actually have the ability to provide direction as to how funds should be used,” Kiley said, referring to Congress’ power of the purse. “I understand why people want to use whatever tools are available, but I believe that Congress should use those tools of congressional oversight and the powers we have under Article I that really have teeth here.” 

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Map: 5.1-Magnitude Earthquake Strikes off the Coast of California

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Map: 5.1-Magnitude Earthquake Strikes off the Coast of California

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Note: Map shows the area with a shake intensity of 3 or greater, which U.S.G.S. defines as “weak,” though the earthquake may be felt outside the areas shown.  All times on the map are Pacific time. The New York Times

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A moderately strong, 5.1-magnitude earthquake struck in the North Pacific Ocean on Wednesday, according to the United States Geological Survey.

The temblor happened at 5:45 a.m. Pacific time about 40 miles west of Petrolia, Calif., data from the agency shows.

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As seismologists review available data, they may revise the earthquake’s reported magnitude. Additional information collected about the earthquake may also prompt U.S.G.S. scientists to update the shake-severity map.

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Aftershocks detected

Subsequent quakes have been reported in the same area. Such temblors are typically aftershocks caused by minor adjustments along the portion of a fault that slipped at the time of the initial earthquake.

Quakes and aftershocks within 100 miles

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Aftershocks can occur days, weeks or even years after the first earthquake. These events can be of equal or larger magnitude to the initial earthquake, and they can continue to affect already damaged locations.

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When quakes and aftershocks occurred

 All times are Pacific time. The New York Times

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Sources: United States Geological Survey (epicenter, aftershocks, shake intensity); LandScan via Oak Ridge National Laboratory (population density) | Notes: Shaking categories are based on the Modified Mercalli Intensity scale. When aftershock data is available, the corresponding maps and charts include earthquakes within 100 miles and seven days of the initial quake. All times above are Pacific time. Shake data is as of Wednesday, June 3 at 6:03 a.m. Pacific time. Aftershocks data is as of Wednesday, June 3 at 8:01 a.m. Pacific time.

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California’s primary for governor is undecided as candidates vie to be in the top two

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California’s primary for governor is undecided as candidates vie to be in the top two

Xavier Becerra, Democratic gubernatorial candidate for California, and Steve Hilton, Republican gubernatorial candidate for California, shake hands while arriving for a gubernatorial debate at KRON Studios in San Francisco in April.

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Jason Henry/Getty Images North America

SAN FRANCISCO — The primary election for California governor is too close to call, with vote counting continuing Wednesday. Democrat Xavier Becerra and Republican business executive Steve Hilton lead the field with Democrat Tom Steyer in third place.

In California’s unusual primary system, all candidates, regardless of party, appear on a single ballot open to any registered voter. The top two candidates then move on to the general election, even if they’re from the same party. This year, voters had 60 names for governor to choose from.

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The winner will lead the country’s most populous state, where leaders often take on national political prominence. Incumbent Gov. Gavin Newsom is at his two-term limit and could be a Democratic contender for president.

Becerra, former Health and Human Services secretary under President Joe Biden, pitched himself to voters as an experienced political leader who isn’t afraid of President Trump, but his lead caps one of the most surprising and dramatic comebacks in recent state political history. As recently as April, polls were showing Becerra — also a former member of Congress and California attorney general — languishing in single digits in a crowded field.

In his remarks at his watch party in Los Angeles, Becerra noted his underdog status.

“Here in Hollywood’s hometown, we love a good underdog success story,” he said, drawing parallels between his campaign and his immigrant parents’ success story in California. “Guess what? The underdog stayed in the fight. Like my parents, I never gave up. Never stopped putting one foot in front of the other. Never stopped believing in the beacon-like goodness of California. And thankfully, neither did you.”

Hilton is a former Fox News commentator who also served as a political adviser to former British Prime Minister David Cameron. He was endorsed by President Trump in April, helping him to pull ahead of Riverside County Sheriff Chad Bianco, the other major Republican in the race. Hilton has campaigned on the idea that California needs change after 16 years under total Democratic control.

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The race is narrowing down after a tumultuous campaign

At his watch party in Huntington Beach, the British-born candidate — who became an American citizen five years ago — said it was the “honor of his lifetime” to receive over 1 million votes so far.

“Change is coming to California and it’s long overdue,” Hilton said. “We’re not there yet, but it’s looking good. It looks very much as if Californians really will have the chance to vote for change in November and take our state in a new direction.”

Democratic billionaire activist Steyer spent more than $213 million of his own money to boost his candidacy and push a progressive, populist message. While he was trailing Becerra and Hilton on Tuesday night, he said at his watch party in San Francisco that he remains confident he can close the gap in the days ahead.

“Together, we’ve scared the hell out of the corporate interests used to getting their way,” Steyer said. “It might take some time to figure out where this is going. We’re going to wait until every ballot is counted. We’re gonna give democracy a time to work. And we know we finished really strong.”

The early results are not certain to hold, in part because of unusual voting patterns in this primary election: Ballot-tracking data heading into Tuesday evening showed that Republicans were more likely to vote early by mail, while Democratic voters in this deep-blue state held onto their mail-in ballots or chose to vote in person. That’s the reverse of recent elections, which saw more Democrats voting by mail and Republicans tending to vote in person on Election Day.

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The uncertainty on election night capped a race that remained crowded and unsettled to the end. To some extent, the race was defined by who wasn’t running.

Some of the state’s most high-profile Democrats — former Vice President Kamala Harris, U.S. Sen. Alex Padilla and California Attorney General Rob Bonta — all passed on a potential bid to succeed Newsom.

The race was disrupted in April when then-U.S. Rep. Eric Swalwell’s campaign for governor imploded amid allegations of sexual assault and harassment. Swalwell resigned from Congress shortly after the accusations surfaced and has denied assault allegations.

Swalwell had been gaining in polls and racking up high-profile endorsements, and his exit seemed to primarily benefit Becerra, who had been stuck in single digits in many polls. Ultimately, it quieted fears among Democrats who worried that the messy Democratic field could result in Bianco and Hilton winning the top spots in the June primary.

Marisa Lagos covers California politics at KQED and co-hosts the Political Breakdown show and podcast.

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