Supreme Court resumes third-country deportations, sets December hearing

Key points

• The Supreme Court granted an emergency request to block an appeals court ruling that halted third-country deportations, allowing the policy to resume immediately.
• The court scheduled oral arguments for December, with a definitive ruling expected sometime next year.
• The three liberal justices (Sotomayor, Kagan, Jackson) dissented, indicating they would have denied the government's request to keep the policy on hold.
• The policy has resulted in the deportation of approximately 25,000 migrants to countries like South Sudan, Rwanda, and Eswatini since 2025.
• The government argued that halting the policy caused logistical problems, including cancelled flights and diplomatic issues, while plaintiffs argued the lower court ruling only required lawful procedures, not a halt to removals.

Background

This dispute stems from an executive order signed by President Trump in January 2025, directing DHS to remove noncitizens with deportation orders. The policy has faced repeated legal challenges, with the Supreme Court intervening twice previously in 2025 to allow the policy to proceed. The current ruling follows a September 2026 decision by the First Circuit Court of Appeals that upheld a lower court order requiring due process protections for third-country removals.

How outlets are covering it

The Trump administration, represented by Solicitor General D. John Sauer, argued that the lower court ruling created 'substantial logistical problems' and prevented the removal of 'dangerous criminals.' In contrast, plaintiffs' lawyers, including Trina Realmuto of the National Immigration Litigation Alliance, stated that the ruling only required the government to follow lawful procedures and that the policy puts migrants at 'immediate risk' of being sent to countries where they face torture or persecution. The three liberal justices dissented without explanation, while the conservative majority allowed the policy to resume.

Why it matters

The ruling allows the continuation of a controversial immigration policy that has relocated tens of thousands of people to countries where they have no connections, raising significant concerns about human rights and due process. The December hearing will determine the long-term legality of the policy, potentially impacting future immigration enforcement and international relations.

What to watch

The Supreme Court will hear oral arguments in December, with a final decision expected sometime next year. The government will continue third-country deportations in the interim, while plaintiffs may seek further legal challenges. The outcome will likely influence future immigration policies and international agreements with third countries.