US Domestic — 2026-09-30

Supreme Court Allows Trump Administration to Resume Third-Country Deportations

BLUFResumption of third-country removals without notice or fear screening now faces no judicial check until the Court hears argument in December, leaving tens of thousands in the pipeline with no procedural safeguard.

On Tuesday, the Supreme Court, in a brief unsigned order with Justices Sotomayor, Kagan and Jackson dissenting, stayed a February district court order requiring notice and a chance to raise fear claims before third-country removals 12. The order lets the administration resume the policy and sets oral argument for December 23. The Washington Post reported that the majority gave no rationale 3. Solicitor General Sauer told the Court the pause forced cancellation of a flight carrying 70 people to three countries 2. Attorney General Blanche called the policy lawful, while plaintiffs' counsel Trina Realmuto said people face removal without notice 3. Cited totals of third-country deportees differ: about 15,000 in 2025 per the Migration Policy Institute 2, and over 25,000 since February 2025 per court records 3.

Analysis
The stay restores DHS's March 2025 blanket-assurance model, so grounded removal flights can resume and notice-and-contest procedures stay suspended until the Court rules, expected by summer 2027. The First Circuit's ruling had pushed DHS toward individualized notice. Its suspension, with the Court taking the merits in December, means the pipeline that has already moved more than 25,000 people (a figure from court records, while another estimate is far lower) continues unchecked. Plaintiffs' counsel and the three dissenters offer the only check, and neither has a vehicle before argument. The unexplained order may reflect only a preference to preserve the status quo pending briefing, leaving the December outcome more open than the stay implies.
6 sources
  1. Supreme Court revives Trump's third-country deportation policy - CBS News
  2. Supreme Court allows Trump's 'third country' deportation policy - NBC News
  3. Supreme Court allows 'third country' deportations to resume - The Washington Post
  4. Supreme Court green-lights Trump's third-country deportations - Axios
  5. U.S. Supreme Court sides with Trump administration in third-country deportations - NPR
  6. Order on application for stay in third-country removal case - U.S. Supreme Court

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