USA · 29 September, 2026 · 2 min read
U.S. Supreme Court Lets Trump Administration Temporarily Resume Third-Country Deportations
The Supreme Court allowed restart of third-country deportations without prior notice. Court will hear full arguments in December on the policy's legality.
37 outlets told this the same way.
8 of 10 outlets skipped it: MOre specific 2025 estimate: about 15,000 deported to third countries in 2025.
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Supreme Court Lifts Block
The United States Supreme Court on Tuesday authorized the Trump administration to temporarily resume fast deportations, allowing transfers to countries that are not theirs while the justices consider the policy’s legality. The Court’s decision put on hold lower-court rulings that required informing migrants about the country to which they would be sent and giving them the opportunity to challenge their transfer before expulsion. The Supreme Court announced it will hear arguments in December, and the six justices in the conservative majority voted in favor of the Trump administration.
The three progressive justices Sonia Sotomayor, Elena Kagan, and Ketanji Brown Jackson dissented as the Court kept the emergency reprieve in place. The Trump administration had asked the Supreme Court to authorize the deportations, arguing that suspending them would constitute a “national emergency” and affect its ability to expel certain migrants.
Notice, Appeals, and Dissent
The lower-court order had forced the cancellation of a deportation flight carrying about 70 people to three countries, after judges required that people subject to expulsion be informed of their destination and given a sufficient window to challenge their transfer. The Supreme Court’s emergency procedure allowed the resumption of transfers while awaiting a final decision, and the three progressive justices opposed the move. The Supreme Court also decided to address the case on the merits and scheduled oral arguments for December, with the justices to rule on the legality of the new guidelines adopted in 2025 by the Department of Homeland Security.
The Trump administration defended a faster system under which an expulsion can be carried out if the host country guarantees that displaced persons “will not be persecuted or tortured” and if the State Department deems those guarantees credible. Immigrant rights organizations responded that they do not seek to block expulsions, but to ensure an effective remedy before departure.
Scale, Destinations, and Stakes
More than 25,000 migrants have been sent to 29 third countries since Trump returned to the White House, with the vast majority going to Mexico under the policy described by U.S. organizations and media. The policy has relied on sending migrants to third countries including some noted for human rights abuses, and the Supreme Court’s temporary authorization means the administration can continue the program for now. The Supreme Court’s decision also leaves in suspense the final legality of the policy, which the Court will decide after it hears arguments in December and issues a final ruling later.
In the meantime, the dispute centers on whether migrants receive notice and a meaningful opportunity to contest a transfer before expulsion, especially when they claim risks of persecution or torture. The case has already triggered a legal tug-of-war that began in 2025, when the Supreme Court had previously authorized the Trump administration to expel a group of migrants mostly from Asia to South Sudan.