Justice Sonia Sotomayor, the senior liberal on the Supreme Court, delivered a scathing dissent criticizing the Trump administration’s immigration policies. In a fiery 19-page dissent, she accused her colleagues of “rewarding lawlessness” by supporting the administration’s emergency appeal to deport migrants to countries other than their homeland, such as South Sudan, with minimal notice. Sotomayor’s dissent extended beyond this specific case to condemn the administration’s overall disregard for court orders and the rule of law. She highlighted the administration’s defiance of court orders and warned of the dangerous precedent set by siding with the Department of Homeland Security in such cases.
Furthermore, Sotomayor criticized the majority’s lack of rationale in their decision, emphasizing the court’s complicity in enabling the administration’s behavior. She particularly condemned the administration’s attempts to circumvent lower court injunctions and deport migrants to countries where they might face harm, such as South Sudan. Despite the administration’s arguments about national security and the criminal backgrounds of the migrants, Sotomayor and other human rights advocates disputed these claims.
The dissent also shed light on the dire situation in South Sudan and the questionable legality of the administration’s actions under the Convention Against Torture. Sotomayor’s dissent reflects her broader concerns about the erosion of norms and standards under the Trump administration, emphasizing the crucial role of a fearless and independent judiciary in upholding the rule of law. This dissent marks a significant critique of the administration’s immigration policies and its approach to court orders, highlighting the ongoing tensions between the executive branch and the judiciary.
