Trump’s lawyers claim they’ve found a loophole that will allow Trump to ship immigrants overseas to be tortured.

Federal law states that the United States shall not “expel, extradite, or otherwise effect the involuntary return of any person to a country in which there are substantial grounds for believing the person would be in danger of being subjected to torture.” This law implements a treaty, known as the Convention Against Torture, which the United States ratified more than three decades ago.

Federal regulations, moreover, provide that even after an immigration judge has determined that a noncitizen may be deported to another country, that judge’s order “shall not be executed in circumstances that would violate Article 3 of the United Nations Convention Against Torture.” And those regulations also establish a process that immigrants can use to raise concerns with an immigration judge that they may be tortured if sent to a specific country.

The Trump administration, however, claims it has discovered a loophole that renders all of these legal protections worthless, and is now asking the Supreme Court to explicitly give it the authority to make use of that loophole in order to enact its immigration policies.