DHS v. D.V.D. (Third Country Deportations) - Supreme Court

[ARCHIVED - September 2025]

Following the First Circuit’s May 16 order denying the federal government’s request to stay Judge Murphy’s preliminary injunction preventing third country removals without due process, the government requested an emergency stay from the Supreme Court on May 27.

On June 23, the Supreme Court issued an order granting the Government’s request, staying (pausing) Judge Murphy’s April 18, 2025, Preliminary Injunction. The ruling–a brief, unreasoned order–allows DHS to resume third-country removals while the First Circuit appeal proceeds. In dissent, Justice Sotomayor, joined by Justices Kagan and Jackson, criticized the Court for enabling ongoing due process violations, calling the Court’s decision a “gross abuse” of equitable discretion.

On June 24, Judge Murphy (below) explained that his May 21 remedial order remained in effect and was outside the scope of the Supreme Court’s June 23 Order. In response, the Government filed a Motion to Clarify the Supreme Court’s June 23, 2025, order, asserting that the Supreme Court’s stay also “effectively stayed” Judge Murphy’s May 21 order. Defendants also urged the Court to clarify that the government could immediately resume third‑country removals from Djibouti, arguing that Judge Murphy’s actions reflected “defiance” of the Supreme Court’s authority. Plaintiffs argued that the May 21 order remained valid because it addressed the government’s prior violation of the April 18 preliminary injunction.