Supreme Court Allows Continued Deportation to Third Countries as Legal Review Proceeds

The Supreme Court on September 29, 2026, permitted the Trump administration to continue deporting individuals to countries other than their own while the justices review the legality of the policy. The court stated it will hear arguments regarding whether migrants should have a meaningful opportunity to contest their deportation to countries where they have no connections. This order temporarily halts a ruling from a lower appeals court. Federal attorneys indicated that the lower-court decision had led to the cancellation of a deportation flight carrying approximately 70 individuals to three countries. The justices had previously allowed deportation flights, a key policy of the Trump administration, to proceed when the case was presented to them last year. Through various agreements, the Trump administration has deported around 25,000 individuals to over two dozen countries, primarily Mexico, but also including Liberia and Guyana. The administration asserts that deportations to third countries occur when individuals cannot be returned to their home countries or when those countries refuse to accept them, including individuals with criminal records. Federal attorneys noted that these governments provide assurances that deported individuals will not face persecution or torture. However, some migrants have reported being imprisoned in unfamiliar countries and facing significant safety risks, with limited options other than returning to the countries they initially fled. Many of these individuals have no criminal records and have been assessed as being at risk of torture or persecution, according to their attorneys. This case arises during a broader immigration enforcement initiative by the Trump administration, which has committed to deporting millions of undocumented individuals living in the United States.