The United States Supreme Court has permitted the Trump administration to proceed with deporting immigrants to third countries, overturning a temporary halt imposed by a lower court. The high court’s decision comes ahead of scheduled arguments in December, resolving an emergency petition filed by the administration against a ruling that questioned the due process involved in these removals.
Issued on Tuesday, the unsigned order reflects standard procedure for emergency petitions and does not disclose the justices’ individual votes. However, the court’s three liberal members—Sonia Sotomayor, Ketanji Brown Jackson, and Elena Kagan—filed a dissent indicating they would have rejected the administration’s request.
The case stems from a September ruling by Judge Brian Murphy in Boston, who paused the deportations. Murphy determined that immigrants must be provided a meaningful opportunity to raise safety concerns before being sent to countries where they may have no ties. He noted that some individuals were denied the chance to challenge their removals, potentially violating due process rights.
This is not the first time the Supreme Court has intervened in these proceedings. In June 2025, the court similarly allowed such removals to move forward, leading to the deportation of eight men from nations including Cuba, Myanmar, and Vietnam to South Sudan. At the time, the State Department had issued travel warnings regarding crime and armed conflict in South Sudan, drawing criticism from human rights groups despite praise from the Department of Homeland Security.
President Donald Trump intensified the use of third-country deportations after returning to office in 2025, arguing the strategy was necessary to remove individuals whose home nations refused to accept them. Critics, however, contend the practice bypasses legal protections against persecution and exposes deportees to countries with poor human rights records. Advocates have reported that some receiving nations have subsequently returned asylum seekers to their original homelands, where they faced risks of torture or harm.
Data from nonprofits Refugees International and Human Rights First indicates that at least 35 nations have agreed to accept third-country nationals, with more than 25,000 people deported under this framework. On Monday, UN human rights experts urged the US government to cease the program, warning that children, women, LGBT persons, and other vulnerable groups face heightened risks of abuse.
Adding to the diplomatic landscape, Burundi signed an agreement with the US on Tuesday to accept non-citizen deportees. Officials in Burundi stated they would only accept individuals not facing prosecution and with no connections to terrorism.
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