The United States Supreme Court has temporarily lifted restrictions on the Trump administration’s deportation of immigrants to countries other than their own, while agreeing to hear the broader legal challenge in December.
The court’s decision on Tuesday allows the administration to resume so-called third-country deportations, placing a lower court ruling on hold. The lower court had required migrants facing removal to be given effective notice of the country they would be sent to and an opportunity to raise concerns if they feared persecution or torture there. The Supreme Court’s order was issued by a 6-3 vote, with Justices Sonia Sotomayor, Elena Kagan and Ketanji Brown Jackson dissenting.
The policy involves sending migrants to countries where they are neither citizens nor necessarily have any previous connection. The Trump administration has defended the practice as an important immigration enforcement tool, particularly where migrants’ home countries refuse to accept them. Solicitor General John Sauer described the policy as an essential means of removing certain migrants, including some convicted of serious crimes.
The legal dispute centres on whether the government can carry out these removals without first providing migrants with adequate notice and a meaningful opportunity to raise concerns about possible persecution or torture. The Supreme Court has agreed to hear the case in its December 2026 argument session, meaning Tuesday’s decision is temporary and does not finally settle whether the policy is lawful.
The policy has already resulted in more than 25,000 migrants being deported to third countries, according to reports. Most have been sent to Mexico, while others have been deported to countries in Africa, Latin America and the Pacific, including South Sudan, Uganda, Equatorial Guinea, Liberia and the Central African Republic.
The practice has drawn criticism from immigration lawyers and Democratic lawmakers, who argue that migrants should not be sent to unfamiliar countries without adequate legal safeguards. Opponents have also raised concerns about the treatment of some deportees after their arrival, including reports of detention, abuse and further deportation.
The Supreme Court’s official docket shows that the justices have directed the parties to brief and argue questions concerning the legality of the third-country removal policy, including its compatibility with US immigration law, due process protections and safeguards against persecution and torture.
The court’s December hearing is expected to determine the broader legal issues surrounding the policy, while the administration can continue the deportations under the temporary order in the meantime.
