The Supreme Court, on Tuesday (September 29), allowed the Trump administration to proceed with deporting certain immigrants to "third countries" where they have no connections. This decision temporarily blocks a lower court's ruling that found the policy unlawful for not allowing immigrants to raise safety concerns before deportation. The court's three liberal justices dissented from the decision.

The Supreme Court will hear arguments in December and issue a definitive ruling. The policy, which began during President Trump's second term in January 2025, has resulted in thousands of deportations to countries like South Sudan, Eswatini, and Rwanda. The Migration Policy Institute reported about 15,000 people were deported to third countries in 2025, with Mexico receiving the majority.

The policy has faced criticism from immigration advocates, who argue it puts immigrants at risk of torture or persecution. Trina Realmuto, a lawyer for the National Immigration Litigation Alliance, expressed concern over the immediate risk to those facing removal. Four unnamed immigrants challenged the policy, arguing for a "meaningful opportunity" to contest deportations.

U.S. District Judge Brian Murphy had previously ruled that deportations to third countries without proper notice and opportunity to challenge were unlawful. However, the Supreme Court's decision allows the policy to continue while the case is pending. Solicitor General D. John Sauer argued that the policy's suspension created logistical issues and diplomatic concerns.

NBC News reported that the Trump administration claims no individualized determination is needed as agreements with receiving countries ensure immigrants will not be mistreated. However, the plaintiffs argue that deportations without regard to potential persecution or torture are harmful.

The Supreme Court's decision marks the third time the Trump administration has sought intervention in this matter. Justices Sonia Sotomayor, Elena Kagan, and Ketanji Brown Jackson indicated they would have denied the administration's request. The court's final decision is expected next year.

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