Supreme Court removes deportation obstacles

On Tuesday, the Supreme Court granted an emergency request from the Trump administration to block an appeals court ruling that had halted third country deportations. The three liberal justices dissented.

What the appeals court had ruled

The Boston-based first U.S. Circuit Court of Appeals had sided with unnamed immigrants, saying the current deportation process is unlawful because people are not given a proper chance to raise concerns about safety risks in violation of federal immigration law.

The lower court judge's position

Massachusetts-based U.S. District Judge Brian Murphy had agreed with the immigrants, saying people should have a meaningful opportunity to claim they could face torture or persecution if deported to a third country.

The policy in practice since January 2025

Since Trump's second term began in January twenty twenty-five, thousands of people have been sent to third countries, including South Sudan, Eswatini and Rwanda. About fifteen thousand people were deported to third countries in twenty twenty-five, with Mexico receiving the majority.

Government's argument for the policy

Solicitor General D. John Sauer said that blocking third country deportations created substantial logistical problems and added expense. One scheduled flight carrying seventy people with criminal convictions to three different countries was immediately canceled.

Trump administration's safety assurances

The Trump administration has said no individualized determination is needed because the countries it has made deals with to take immigrants have said they would not mistreat them. The government said it would not immediately deport people without assurances they will not be tortured or persecuted.

What plaintiffs' lawyers argue

Lawyers for the plaintiffs pointed out that lower court rulings do not require anyone to be released from detention or prevent third country removals if people are given a chance to raise objections about safety.

The lead plaintiff's case

The lead plaintiff, named only as D.V.D. in court records, is from Cuba and suffers from severe mental illness. He fears being sent to a country where he would not receive psychiatric treatment.

Alleged mistreatment of deportees

People who have been deported to third countries have been mistreated, with some detained indefinitely and others subjected to physical and sexual abuse, the plaintiffs allege in court documents.

What happens next at the Supreme Court

The Supreme Court said it would hear oral arguments in December and issue a definitive ruling on the legal questions raised in the litigation about third country deportations.

Immigration advocates' immediate concern

Trina Realmuto, a lawyer at the National Immigration Litigation Alliance, said the Supreme Court action means people facing removal to third countries are once again at immediate risk of being sent to places where they have no meaningful opportunity to seek protection.

“people facing removal to third countries are once again at immediate risk of being sent to places where they have no meaningful opportunity to seek protection”