US Supreme Court allows third-country deportations to resume
The US Supreme Court has temporarily allowed the Trump administration to resume deporting migrants to countries where they are neither citizens nor residents, while the legal dispute continues. The justices will hear the broader challenge in December. Critics warn migrants may face persecution or torture without adequate safeguards.
The US Supreme Court has temporarily allowed President Donald Trump’s administration to resume deporting migrants to countries other than their own, suspending a lower-court restriction that required them to have an opportunity to raise concerns about possible harm. The decision does not settle whether the policy is lawful. The justices agreed to hear the broader legal challenge in December, leaving the dispute over third-country deportations unresolved while removals continue.
The policy concerns migrants sent to countries where they are neither citizens nor necessarily have any previous connection. Under the administration’s rules, migrants may be removed to countries that provide diplomatic assurances they will not be persecuted or tortured. Where such assurances are absent, the policy provides for notice and an assessment if a migrant raises concerns about persecution or torture.
Reuters reported that more than 25,000 migrants had been deported to 29 countries under the policy, with most sent to Mexico. African countries named in the report include South Sudan, Uganda, Equatorial Guinea, Liberia and the Central African Republic. The case followed a ruling by Boston-based federal district judge Brian Murphy, who found the Department of Homeland Security policy unlawful.
The 1st US Circuit Court of Appeals largely upheld that ruling on September 18, saying migrants should have a meaningful chance to raise concerns before being sent to a third country. The court’s six conservative justices allowed deportations to resume, while Sonia Sotomayor, Elena Kagan and Ketanji Brown Jackson dissented. DHS general counsel James Percival welcomed the order.
Trina Realmuto, a lawyer for the migrants, said it could expose some people to persecution or torture. Separately, Burundi said it was prepared to accept some US deportees with no previous connection to the country. Presidential spokesperson Nancy Ninette Mutoni said those accepted would not be facing prosecution or terrorism allegations, but gave no arrival date or number.
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