Washington, September 30 (Daily Kiran) : The Supreme Court of the United States has granted the Trump administration the green light to resume the process of deporting migrants to countries other than their own. This decision comes as the justices deliberate on the legality of the government’s third-country removal policy.
The Court’s ruling puts a hold on a February decision made by a federal judge in Massachusetts, which had invalidated the policy. The judge had mandated that migrants must be properly informed before deportation and given an opportunity to express fears of persecution or torture.
This recent order does not determine the legality of the administration’s policy. The Court is set to hear arguments on the matter in its December session, with a final ruling expected later.
Justices Sonia Sotomayor, Elena Kagan, and Ketanji Brown Jackson were in favor of rejecting the government’s request, but the majority of the justices allowed the administration to proceed without providing a clear rationale.
Under the Department of Homeland Security (DHS) policy, individuals facing final removal orders can be sent to a country not listed in the original order, provided that country is willing to accept them.
The government maintains that if no such assurance exists, migrants should be informed about their destination and given a chance to raise concerns about potential persecution or torture. Typically, DHS issues notices at least 24 hours in advance, after which an immigration officer assesses the likelihood of harm the individual may face. Those who do not meet this standard may be deported.
The administration argues that deporting individuals to third countries is a necessary tool for removing certain foreign nationals, including some of the most dangerous criminals. It noted that lower court restrictions had led to the cancellation of a flight intended to transport 70 criminally convicted migrants to three countries, resulting in extra costs and the need for renewed diplomatic negotiations.
The Justice Department contends that courts have overstepped their bounds by granting relief to entire classes of individuals and intervening in decisions related to immigration and foreign policy laws.
Attorneys representing migrants argue that this policy could send people to unfamiliar countries without allowing them to adequately prove that they face risks of persecution, torture, or being returned to a country from which the U.S. has previously granted them safety.
They have accused the government of ignoring the severe consequences that could arise from sending long-term residents—many of whom have no criminal history—to third countries.
The petition from migrants cited estimates that DHS deported over 25,000 individuals to at least 28 third countries during 2025 and 2026. This figure was presented by the migrants’ lawyers and was not confirmed in the Supreme Court’s recent order.
The justices will now consider whether the district court had the authority to provide relief, whether it could grant relief to an entire class, and whether the policy violates federal immigration law, constitutional protections, or U.S. obligations related to torture.
This ruling pertains specifically to individuals already facing final removal orders and does not affect the status of lawful permanent residents, students, workers, or other visa holders who are not currently in the removal process.
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