The US Supreme Court has temporarily cleared the way for the Donald Trump administration to deport immigrants to countries other than their countries of origin, while agreeing to hear the legality of the policy in December.
The court’s Tuesday order suspended lower-court restrictions requiring migrants to receive meaningful notice and an opportunity to raise concerns about possible persecution or torture before being sent to a third country. The three liberal justices dissented.
The administration has defended the policy as an important immigration enforcement tool, arguing that some countries refuse to accept their nationals who are ordered to leave the United States. Solicitor General D. John Sauer said the lower-court restrictions had created logistical problems for deportation operations.
Lawyers representing affected migrants argued that the lower-court ruling did not ban third-country deportations but required the government to carry them out lawfully and provide adequate notice.
The Supreme Court will consider whether the lower court had authority to issue the restrictions, whether they could apply broadly to affected migrants, and whether the third-country deportation policy itself is lawful.
The ruling comes as the administration expands agreements with countries willing to receive migrants who cannot be returned to their home countries.
An investigation by Forbidden Stories and partner media organizations found that at least 25,447 people had been deported to third countries by August 31, 2026, under agreements involving 35 countries. About 20,000 were sent to Mexico, while others were transferred to countries across Africa, Latin America, and the Pacific. The investigation also reported that the US had earmarked about $410 million for the arrangements.
The policy has drawn criticism from migrant-rights groups and UN experts, who have raised concerns about the treatment and safety of deportees in receiving countries.
The Supreme Court’s Tuesday decision is temporary; the justices are expected to examine the underlying legal challenge when they hear arguments in December.
