Trump Admin Seeks Supreme Court to Restart Third-Country Deportation Policy
Trump administration asks Supreme Court to revive third-country deportation policy amid legal challenges and due process concerns.
POLICY WIRE — Washington, D.C. — The Trump administration has asked the Supreme Court to reinstate its controversial policy of deporting certain migrants to countries other than their home nations, a move that was previously blocked by a lower court over due process concerns.
The Justice Department filed an emergency appeal seeking to halt a February 2026 federal judge’s order, which was largely upheld by an appellate court. The ruling requires immigration officials to provide deportees with notice and an opportunity to contest their removal before being sent to a third country where they have no ties.
The administration argues that halting the policy would allow continued deportations to third nations, provided those countries guarantee they will not subject individuals to torture or persecution. Solicitor General D. John Sauer claimed the policy has removed thousands of individuals in recent months, including some with serious criminal records who are rejected by their home countries.
📄 POLICY WIRE WHITEPAPER PUBLISHED: PAKISTAN’S NATIONAL SECURITY POLICY PRIORITIES
Justice Ketanji Brown Jackson, who handles emergency appeals from Massachusetts and surrounding states, gave immigrant advocates until Monday to respond to the administration’s request. Sauer emphasized that the policy has been in place for 15 months and that the courts’ actions risk damaging U.S. foreign relations.
The Trump administration has secured agreements with dozens of countries in Africa and Latin America to accept deportees who are not their citizens. Some of these nations, like Equatorial Guinea and South Sudan, have accepted individuals with violent criminal histories, while others, such as Liberia, have taken migrants with no criminal records beyond U.S. immigration violations.
The dispute over third-country removals has already reached the Supreme Court before, with the high court allowing the policy to continue during ongoing legal battles. Last year, the justices lifted a Boston-based judge’s order that had stopped deportations without first allowing individuals to raise concerns about torture or persecution.
Reporting by Policy-Wire (PW)