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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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Map: 4.9-Magnitude Earthquake Shakes Louisiana

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Map: 4.9-Magnitude Earthquake Shakes Louisiana

Note: Map shows the area with a shake intensity of 4 or greater, which U.S.G.S. defines as “light,” though the earthquake may be felt outside the areas shown.  All times on the map are Central time. The New York Times

A light, 4.9-magnitude earthquake struck in Louisiana on Thursday, according to the United States Geological Survey.

The temblor happened at 5:30 a.m. Central time about 6 miles west of Edgefield, La., data from the agency shows.

U.S.G.S. data earlier reported that the magnitude was 4.4.

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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Source: United States Geological Survey | 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 Central time. Shake data is as of Thursday, March 5 at 8:40 a.m. Eastern. Aftershocks data is as of Thursday, March 5 at 10:46 a.m. Eastern.

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Donald Trump has no ‘phase two’ plan for Iran war, says US senator

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Donald Trump has no ‘phase two’ plan for Iran war, says US senator

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Man accused of plot to assassinate Trump testifies Iran pressured him, says Biden and Haley were other possible targets

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Man accused of plot to assassinate Trump testifies Iran pressured him, says Biden and Haley were other possible targets

The allegation sounded like the stuff of spy movies: A Pakistani businessman trying to hire hit men, even handing them $5,000 in cash, to kill a U.S. politician on behalf of Iran ‘s powerful paramilitary Revolutionary Guard.

It was true, and potential targets of the 2024 scheme included now-President Donald Trump, then-President Joe Biden and former presidential candidate and ex-U.N. Ambassador Nikki Haley, the man told jurors at his attempted terrorism trial in New York on Wednesday. But he insisted his actions were driven by fear for loved ones in Iran, and he figured he’d be apprehended before anything came of the scheme.

“My family was under threat, and I had to do this,” the defendant, Asif Merchant, testified through an Urdu interpreter. “I was not wanting to do this so willingly.”

Merchant said he had anticipated getting arrested before anyone was killed, intended to cooperate with the U.S. government and had hoped that would help him get a green card.

U.S. authorities were, indeed, on to him – the supposed hit men he paid were actually undercover FBI agents – and he was arrested on July 12, 2024, a day before an unrelated attempt on Trump’s life in Butler, Pennsylvania.  During a search, investigators said they found a handwritten note that contained the codewords for the various aspects of the plot, CBS News previously reported

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Merchant did sit for voluntary FBI interviews, but he ultimately ended up with a trial, not a cooperation deal.

“You traveled to the United States for the purpose of hiring Mafia members to kill a politician, correct?” Assistant U.S. Attorney Nina Gupta asked during her turn questioning Merchant Wednesday in a Brooklyn federal court.

“That’s right,” Merchant replied, his demeanor as matter-of-fact as his testimony was unusual.

The trial is unfolding amid the less than week-old Iran war, which killed Iranian Supreme Leader Ayatollah Ali Khamenei in a strike that Trump summed up as “I got him before he got me.” Jurors are instructed to ignore news pertaining to the case.

The Iranian government has denied plotting to kill Trump or other U.S. officials.

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Merchant, 47, had a roughly 20-year banking career in Pakistan before getting involved in an array of businesses: clothing, car sales, banana exports, insulation imports. He openly has two families, one in Pakistan and the other in Iran – where, he said, he was introduced around the end of 2022 to a Revolutionary Guard intelligence operative. They initially spoke about getting involved in a hawala, an informal money transfer system, Merchant said.

Merchant testified that his periodic visits to the U.S. for his garment business piqued the interest of his Revolutionary Guard contact, who trained him on countersurveillance techniques.

The U.S. deems the Revolutionary Guard a “foreign terrorist organization.” Formally called the Islamic Revolutionary Guard Corps, the force has been prominent in Iran under Khamenei.

Merchant said the handler told him to seek U.S. residents interested in working for Iran. Then came another assignment: Look for a criminal to arrange protests, steal things, do some money laundering, “and maybe have somebody murdered,” Merchant recalled.

“He did not tell me exactly who it is, but he told me – he named three people: Donald Trump, Joe Biden and Nikki Haley,” he added.

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In 2024, multiple sources familiar with the investigation told CBS News Merchant planned to assassinate current and former government officials across the political spectrum.

Merchant allegedly sketched out the plot on a napkin inside his New York hotel room, prosecutors said, and told the individual “that there would be ‘security all around’ the person” they were planning to kill.

“No other option”

After U.S. immigration agents pulled Merchant aside at the Houston airport in April 2024, searched his possessions and asked about his travels to Iran, he concluded that he was under surveillance. But still he researched Trump rally locations, sketched out a plot for a shooting at a political rally, lined up the supposed hit men and scrambled together $5,000 from a cousin to pay them a “token of appreciation.”

This image provided by the Justice Department, contained in the complaint supporting the arrest warrant, shows Asif Merchant. 

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AP


He even reported back to his Revolutionary Guard contact, sending observations – fake, Merchant said – tucked into a book that he shipped to Iran through a series of intermediaries.

Merchant said he “had no other option” than to play along because the handler had indicated that he knew who Merchant’s Iranian relatives were and where they lived.

In a court filing this week, prosecutors noted that Merchant didn’t seek out law enforcement to help with his purported predicament before he was arrested. He testified that he couldn’t turn to authorities because his handler had people watching him.

Prosecutors also said that in his FBI interviews, Merchant “neglected to mention any facts that could have supported” an argument that he acted under duress.

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Merchant told jurors Wednesday that he didn’t think agents would believe his story, because their questions suggested “they think that I’m some type of super-spy.”

“And are you a super-spy?” defense lawyer Avraham Moskowitz asked.

“No,” Merchant said. “Absolutely not.”

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