US Supreme Court allows Trump to continue third-country deportations
The US Supreme Court temporarily allowed the Trump administration to resume deportations to third countries by granting an emergency request that pauses a lower-court injunction. The unsigned order, which did not explain the vote, schedules full arguments on the issue for December and notes three justices would have denied the request.
Why It Matters
The decision preserves the administration’s ability to carry out a controversial deportation practice while the high court considers the legal questions, including whether immigrants receive adequate due process before being sent to countries with which they may have no connection. The outcome could shape the scope of US removal powers and rights protections for thousands of migrants.
Key Facts
- Court action: Supreme Court granted administration's emergency request to resume third-country deportations and paused a lower-court ruling
- Lower-court ruling: Judge Brian Murphy (Boston) had required immigrants be given a ‘meaningful’ chance to raise safety concerns before removal
- Justices in dissent: Justices Sonia Sotomayor, Ketanji Brown Jackson and Elena Kagan indicated they would have denied the petition
- Next steps: Supreme Court oral arguments on the case are scheduled for December
- Past June order: In June 2025 the Court similarly allowed third-country removals to proceed, clearing several deportations to South Sudan
The US Supreme Court on Tuesday granted an emergency request from the Trump administration to resume deportations to third countries, effectively putting on hold a lower-court injunction that had halted the practice. The high court’s brief unsigned order offered no explanation or breakdown of votes; three liberal justices filed notes indicating they would have denied the administration’s request. The litigation stems from a decision by Judge Brian Murphy in Boston, who concluded that immigrants must receive a “meaningful” opportunity to raise safety concerns before being removed to third-party countries. Murphy’s ruling was prompted by questions about whether some people facing third-country deportations had been able to challenge those removals as part of their due process rights. The Supreme Court’s temporary pause allows the administration to continue its program while the justices prepare to hear full arguments in December. The decision follows earlier high-court intervention in June 2025 that permitted removals to proceed in at least one instance, enabling the deportation of eight men to South Sudan despite State Department travel warnings about violence and kidnapping there. Third-country deportations have grown under President Trump’s 2025 return to office; his administration and supporters describe the practice as a means to remove individuals whose home countries may not accept them, while critics and rights groups argue the policy can bypass protections that bar returning people to places where they face persecution. Nonprofits tracking the policy say at least 35 countries have agreements to receive such deportations and estimate more than 25,000 people have been subject to them. Human rights experts at the United Nations have urged the US to stop the removals, warning they put vulnerable groups at heightened risk. Separately, Burundi was reported on Tuesday as the latest country to enter an agreement to accept non-citizen deportations, with officials saying it would take people not facing prosecution and with no links to terrorism.
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