Trump administration asks Supreme Court to revive third-country deportations

Friday 25 September 2026 - 16:47

By: Azzat Manal

Trump administration asks Supreme Court to revive third-country deportations

The administration of US President Donald Trump has asked the Supreme Court to allow it to resume deportations of migrants to countries other than their countries of origin, challenging court restrictions that require migrants to have an opportunity to raise concerns about potential harm before being removed. The administration filed its request on September 24 as part of its broader immigration enforcement agenda.

The request follows a decision by the 1st US Circuit Court of Appeals in Boston that largely upheld a lower-court ruling restricting the government's use of third-country deportations. The appeals court found that migrants facing removal to another country must be given meaningful procedural protections to raise claims that they could face persecution, torture or other serious harm.

The policy has been used by the Trump administration as part of its efforts to accelerate removals when the migrants' countries of origin are unwilling or unable to accept them. According to Reuters, thousands of migrants have been affected by third-country removals, including transfers to countries such as Mexico and Uganda under arrangements developed by the administration.

Solicitor General D. John Sauer argued that the lower-court restrictions have created significant logistical difficulties for federal immigration authorities. The administration is asking the Supreme Court to intervene while the broader legal dispute continues through the appeals process.

The legal dispute centers in part on the procedural safeguards that must be provided to migrants before they are sent to a third country. The government maintains that third-country removal is an important enforcement tool, while challengers have argued that individuals must have a genuine opportunity to explain why removal to a particular country could put them at risk.

The issue is part of a wider series of legal battles surrounding the Trump administration's immigration policies. Since returning to office, Trump has pursued measures intended to increase immigration enforcement and speed up deportations, while federal courts have considered challenges involving detention, asylum procedures and humanitarian protections. The Supreme Court has already issued several immigration-related decisions involving the administration in 2026.

US immigration law and international obligations also place limits on removals to countries where an individual could face persecution or torture. The legal debate over third-country deportations therefore involves not only the government's authority to enforce immigration laws but also the procedural rights available to people facing removal.

The Supreme Court's response to the administration's request could determine whether the government can continue using third-country deportations under its current procedures while the underlying litigation proceeds. Until the court acts, the lower-court rulings remain an important constraint on how the policy can be implemented.