Supreme Court Allows Resumption of 'Safe Third Country' Deportations

The Supreme Court ruled on September 29, 2026, that the Trump administration can resume deporting migrants to countries other than their own while the justices consider the legality of the policy. The 6-3 order, which was brief and unsigned, put on hold a ruling by U.S. District Judge Brian Murphy that had invalidated the Department of Homeland Security’s third-country removal policy. The court did not provide reasoning but agreed to hear full arguments on the policy in December. Acting Attorney General Todd Blanche expressed approval of the decision in a post on X, describing it as a validation of the administration’s legal stance. He stated, "Now for the second time, SCOTUS just granted our stay in conducting all third-country removals of illegal aliens. Again, this is entirely lawful and a critical tool for immigration enforcement. Unlike the lower court, SCOTUS waited to hear from both sides before making the decision." The policy allows officials to send deportees to “third countries,” which are nations not listed in a migrant’s removal order. The administration relies on this policy because many home countries refuse to accept their citizens back. If a country assures Secretary of State Marco Rubio that it will not persecute or torture the individuals being sent there, the government considers that sufficient. Solicitor General John Sauer informed the justices that the policy is crucial for removing serious criminal aliens, noting that the lower-court ruling had forced DHS to cancel a flight carrying 70 deportees to three countries. Rubio’s State Department has established agreements with up to 31 nations, primarily in Africa and Latin America, with a financial commitment of at least $410 million pledged through the end of June. The legal dispute began earlier this year when Murphy ruled in February that the policy violated due process protections under the Fifth Amendment, as migrants were not provided notice or a genuine opportunity to express fears of torture. The First Circuit Court of Appeals upheld most of his ruling on September 18. The Supreme Court's order on September 29 was the second stay granted to the administration in this case. The court’s three liberal justices, Sonia Sotomayor, Elena Kagan, and Ketanji Brown Jackson, dissented. Trina Realmuto, an attorney for the migrants, argued that the ruling places individuals at immediate risk of being sent to countries where they may face persecution without the opportunity to present their case. On the same day, Burundi announced it would accept deportees from the United States who have no ties to the East African nation, but only those not facing prosecution and without links to terrorism, according to a spokesperson for the country's president. Human rights organizations report that over 25,000 migrants have been deported to 29 countries under this policy, with the majority being sent to Mexico. A final ruling on the legality of the policy is not expected until the summer of 2027.