Supreme Court Issues Terrible Shadow Docket Decision Lifting Injunction Against “Third Country” Deportations of Migrants Without Due Process
In yesterday’s decision in Department of Homeland Security v. D.V.D, the Supreme Court stayed a lower-court ruling barring the federal government from deporting migrants slated for deportation to “third countries” without due process – that is, nations other than their countries of origin or ones they had agreed to be sent to. Such deportations risk sending migrants to places where they might be subject to violence or torture, and where they have no connections or ability to support themselves, as, e.g., in the case of Asians and Latin Americans deported to places like South Sudan.
Like many “shadow docket” decisions, this one includes no reasoning justifying the majority’s ruling. Justice Sonia Sotomayor’s dissent on behalf of the three liberal justices provides a compelling statement of the many reasons why this is decision is a terrible mistake.
Here is a brief excerpt:
Turning to the constitutional claim, this Court has repeatedly affirmed that ” ‘the Fifth Amendment entitles aliens to due process of law’ in the context of removal proceedings.” J. G. G., 604 U. S., at ___ (slip op., at 3); A. A. R. P., 605 U. S., at ___ (slip op., at 3). Due process includes reasonable notice and an opportunity to be heard. Mullane v. Central Hanover Bank & Trust Co., 339 U. S. 306, 314 (1950). Of course the Government cannot avoid its obligation to provide due process “in the context of removal proceedings,” J. G. G., 604 U. S., at ___ (slip op., at 3), by skipping such proceedings entirely and simply whisking noncitizens off the street and o
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