Supreme Court allows third-country deportations to resume for now

On September 29, the Supreme Court granted the administration’s request to pause a lower-court order that had blocked rapid removals to countries other than migrants’ home countries. The temporary action permits enforcement while the case continues. [1][2][3]

The case concerns migrants who may be sent to countries where they have no ties or connections. The lower court said detainees were not receiving adequate notice or a meaningful chance to raise concerns about torture or abuse before removal. [1][2]

The justices agreed to hear the dispute in December. The questions include whether the lower court had jurisdiction, whether it could issue relief covering the entire affected class, and whether the policy violates due-process protections or conventions against torture. [2][3]

Three justices—Sonia Sotomayor, Elena Kagan and Ketanji Brown Jackson—dissented from the temporary order. The emergency decision is not a final merits ruling, even though it permits the policy to operate for now. [1][3]

Immigration lawyers and advocates told the reporting outlets that third-country removals are not new but remain rare. The administration has expanded the practice through arrangements with nearly three dozen countries, while one account said about 25,000 people had been deported to third countries during the administration. [1][2]