Supreme Court Clears Way for Trump to Resume Third-Country Deportations
The United States Supreme Court has cleared the way for President Donald Trump’s administration to resume deporting migrants to countries other than their own, granting a Justice Department emergency request on Tuesday that had divided the court along ideological lines.
The order puts on hold a ruling by Boston-based US District Judge Brian Murphy, who had found that the Department of Homeland Security’s policy of rapidly removing migrants to so-called third countries was unlawful without giving them a meaningful chance to challenge the destination. Justices Sonia Sotomayor, Elena Kagan and Ketanji Brown Jackson dissented, according to Reuters and Bloomberg.
The decision, issued without explanation as is typical for emergency orders, stays in effect while the justices prepare to hear arguments on the policy’s legality in December. The court has directed both sides to address whether the lower court had jurisdiction, whether class-wide relief was appropriate, and whether the policy violates US immigration law or constitutional due process protections.
According to a tally by human rights groups, more than 25,000 migrants have been deported to at least 29 countries under the policy, with the vast majority sent to Mexico. The administration has also carried out third-country removals to politically unstable nations including South Sudan, Uganda, Equatorial Guinea, Liberia and the Central African Republic, Reuters reported.
Attorney General Todd Blanche welcomed the ruling, calling the policy “entirely lawful and a critical tool for immigration enforcement” in a post on X.