The Department of Justice asked the Supreme Court on Thursday to shut down a lower‑court blockade against a key part of its deportation policy. The emergency application seeks to pause a Massachusetts judge’s order that would stop the government from sending illegal aliens to third countries.
Third Time the Government Calls on SCOTUS
Solicitor General John Sauer said this is the third time the administration has turned to the high court for emergency relief. The first pause came last year in a 6‑3 decision.
Judge Murphy Defies the Court
Judge Brian Murphy issued a directive hours later, claiming his hold remained in force despite the Supreme Court’s ruling. The administration then requested clarification, and the justices confirmed in a 7‑2 vote that the earlier order covered Murphy’s injunction.
Justice Kagan Rebuffs the District Court
Justice Elena Kagan rebuked Murphy, noting that a district court cannot force compliance with a stayed order. She agreed with the Supreme Court’s clarification while criticizing its initial decision.
Blockade Resurfaces After Appellate Rulings
Murphy later secured a February judgment blocking third‑country deportations, but the 1st Circuit initially stayed it and has now revived the blockade after a series of recent rulings. The appellate court’s decisions effectively permit the Biden‑appointed judge’s injunction to resume.
Administration Cites Flawed Premises
The Trump administration argued Murphy’s order rests on “fundamentally flawed legal premises” and that any new supporting arguments are weaker than those already rejected. It added that the equities favoring the government have only grown stronger.
The filing concluded that a stay is once again warranted. The request is now before the Court for immediate review.
Jackson Sets Deadline
Justice Ketanji Brown Jackson, who oversees emergency filings from the 1st Circuit, ordered the respondents to file a response by 4 p.m. Monday. The deadline underscores the urgency of the dispute.
Shawn Fleetwood is a staff writer for The Federalist and a graduate of the University of Mary Washington. He is a co‑recipient of the 2025 Dao Prize for Excellence in Investigative Journalism. His work has been featured in RealClearPolitics and RealClearHealth. Follow him on Twitter @ShawnFleetwood
