In a deeply controversial decision, the U.S. Supreme Court has allowed the deportation of eight migrants to South Sudan—a country the U.S. government itself warns is plagued by violence, kidnapping, and civil unrest. The 7–2 ruling, handed down on July 3, 2025, has sparked outrage from legal experts, human rights advocates, and former Obama ambassador Norm Eisen, who called it “one of the most tragic events” he’s seen in decades of legal work.
Eisen, founder of the Democracy Defenders Fund, didn’t hold back in a fiery interview following the Court’s ruling. He accused the conservative majority, led by Chief Justice John Roberts, of turning the nation’s highest court into a “MAGA Tribunal” that enables inhumane and unconstitutional policies. “This is cruelty masquerading as law,” Eisen said, warning that the decision sets a dangerous precedent for future immigration enforcement.
The case centers around eight men—originally from Cuba, Laos, Mexico, Myanmar, Vietnam, and South Sudan—who were detained by U.S. authorities at a military base in Djibouti. The migrants were held in a converted shipping container after their initial deportation flight to South Sudan was diverted in May. Despite a ruling from U.S. District Judge Brian Murphy in Massachusetts blocking their deportation, the Supreme Court overruled that decision, lifting the injunction and giving the Trump administration the green light to proceed.
What makes this even more shocking is that only one of the eight men is actually a citizen of South Sudan. The rest were being deported to a country they have no connection to—and where they face a serious risk of torture or death. The U.S. State Department has designated South Sudan as a “Level 4: Do Not Travel” zone, citing widespread violence and lawlessness.
Lawyers for the migrants, including Trina Realmuto of the National Immigration Litigation Alliance, argued that sending them to South Sudan violates both U.S. law and international treaties, including the Convention Against Torture. The legal team insisted that individuals cannot be deported to countries where they may face persecution or death. Judge Murphy agreed—until the Supreme Court stepped in.
Liberal Justices Sonia Sotomayor and Ketanji Brown Jackson strongly dissented, accusing the conservative majority of granting the Trump administration “special treatment” and gutting due process protections. “This Court is abandoning its duty to uphold the Constitution,” Justice Sotomayor wrote.
In a whirlwind of legal maneuvers over the July 4 holiday, the migrants’ attorneys filed an emergency motion in Washington, D.C., before Judge Randolph Moss, who issued a temporary stay. But the case was kicked back to Judge Murphy, who, citing the Supreme Court’s decision, ultimately allowed the deportations to proceed. By the evening of Independence Day, the eight men were on a plane back to South Sudan.
Norm Eisen called the deportation a “heinous, calculated act of cruelty,” accusing the Trump administration of trying to use fear and trauma as a deterrent to migration. “This is a reign of terror,” Eisen said. “They want to send a message: come to the United States, and you could be disappeared.”
Eisen warned that these kinds of actions won’t just hurt undocumented migrants—they’ll also have a chilling effect on legal immigrants, tourists, and skilled workers, particularly in sectors like AI and tech. “The Trump agenda is a threat not just to human rights, but to America’s future as a global leader,” he said.
The ruling comes amid growing criticism of the Supreme Court’s legitimacy, with Eisen pointing to what he called a “corrupt MAGA majority” installed through manipulated Senate confirmations. His organization, the Democracy Defenders Fund, is ramping up efforts to challenge these rulings in court. According to Eisen, his team has helped block nearly 200 actions by the Trump administration through litigation—and they’re just getting started.
He urged Americans who care about civil liberties and constitutional rights to support organizations like his, emphasizing the urgent need for court reform and a renewed commitment to justice. “If we don’t stand up now, we may lose the soul of this country.”