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US Supreme Court allows Trump to continue third-country deportations

The high court grants an emergency petition ahead of expected arguments in the case, slated for December.

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Sep 30, 2026, 03:31 UTC

Demonstrators hold a vigil outside an immigration detention facility, placing flowers near a security fence.
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The United States Supreme Court has cleared the way for the administration of President Donald Trump to proceed with deporting immigrants to third-party nations with which they may have no prior ties.

On Tuesday, the justices approved an emergency appeal filed by the federal government, putting a hold on a lower-court ruling that had temporarily suspended the practice over due process considerations. The high court issued an unsigned decision without providing an accompanying rationale or a full breakdown of the vote, though the three liberal members—Justices Sonia Sotomayor, Elena Kagan, and Ketanji Brown Jackson—publicly noted their dissent.

The emergency intervention is interim in nature, setting up formal oral arguments in the case for December. The underlying litigation centers on an order issued by Judge Brian Murphy in Boston, Massachusetts, which concluded that individuals subject to removal must receive a substantive opportunity to present potential safety hazards before being sent to third countries. Murphy determined that previous procedures risked depriving migrants of their constitutional due process protections.

The legal fight comes as the Trump administration continues to challenge Murphy's decision, aiming to keep its expansive deportation strategy intact. Administration officials have relied on third-nation removals to bypass obstacles when foreign governments refuse repatriation, arguing the tool is vital to executing large-scale deportations.

This ruling marks the second time the nation's top court has intervened on the matter. In June 2025, the Supreme Court similarly permitted the administration to transfer individuals abroad, which resulted in the deportation of eight men from nations such as Cuba, Vietnam, and Myanmar to South Sudan. The move drew criticism from advocacy groups due to ongoing security risks in the African nation, while federal immigration authorities defended the removals as a victory for enforcement.

Human rights organizations and legal advocates have strongly condemned the policy, warning that receiving nations often possess concerning human rights records and could return vulnerable migrants to the countries they originally fled. Legal observers have also pointed out that sending individuals to third countries can circumvent court-ordered protections designed to halt removals to places where migrants face persecution.

According to figures from advocacy organizations including Refugees International and Human Rights First, at least 35 nations have formed agreements with Washington to receive non-citizen deportees. These groups calculate that over 25,000 individuals have been subject to third-country removals under the current administration.

International scrutiny has escalated alongside the domestic court battles. United Nations human rights specialists recently issued an appeal urging the American government to suspend the transfers, stating that marginalized groups—such as women, children, people with disabilities, and trafficking survivors—face severe risks of abuse. Nevertheless, bilateral arrangements continue to expand, with Burundi becoming the most recent nation to sign an agreement to accept deportees, provided they have no ties to terrorism or active prosecutions.

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Reported from Aljazeera English .