Third-country deportations can resume for now after the U.S. Supreme Court on Tuesday, Sept. 29, 2026, granted the Trump administration’s emergency request to pause a lower-court ruling that had blocked the practice, according to Al Jazeera. The unsigned order, described by SCOTUSblog, also sets the case for oral argument in early December.
Key facts
- The order was unsigned and gave no explanation; Justices Sonia Sotomayor, Elena Kagan and Ketanji Brown Jackson would have denied the request (SCOTUSblog).
- The court put on hold a ruling by U.S. District Judge Brian Murphy in Boston requiring notice and a “meaningful opportunity” to challenge removal (SCOTUSblog).
- Arguments are set for early December; a decision will likely come sometime next year (SCOTUSblog).
- At least 35 countries have agreements to take third-country nationals, and more than 25,000 people have been affected, per an estimate by Refugees International and Human Rights First (Al Jazeera).
- Burundi became the latest country to sign such an agreement on Tuesday (Al Jazeera).
What Are Third-Country Deportations?
Third-country removals send immigrants to countries not named in their removal orders, SCOTUSblog explained. The Trump administration argues they are a way to remove people whose home countries will not take them, per Al Jazeera. Critics say the policy has been used to bypass court protection orders that bar sending people to countries where they fear persecution or torture.
What Did the Supreme Court Decide?
According to SCOTUSblog, the justices stayed Judge Murphy’s order and told the parties to brief several questions, including the legality of the Department of Homeland Security guidance, whether Murphy had the power to consider the immigrants’ claims and to strike down the guidance, and any other questions the government considers appropriate. NPR reported the court asked whether lower courts had authority to intervene and whether the policy violates due process or protections against torture.
The pause is temporary, Al Jazeera noted. The Supreme Court had also allowed such removals in June 2025, clearing the way for eight men to be deported to South Sudan, per the same report.
How Did the Third-Country Deportations Case Get Here?
SCOTUSblog traced the case to a January 2025 executive order and DHS guidance. Four immigrants sued in Massachusetts in March 2025, and Murphy ordered written notice and a chance to contest removal. In February, he issued a final judgment striking down the policy. On Sept. 18 the 1st U.S. Circuit Court of Appeals largely upheld him, and on Sept. 23 it dissolved an order that had paused his ruling during the appeal. It was the third time the administration asked the justices to intervene in the dispute.
Solicitor General D. John Sauer argued Murphy’s order robs the government of “an essential tool to remove certain aliens” and created logistical problems including cancelled flights. The immigrants replied that the order “simply requires” the government “to do so lawfully.”
Al Jazeera reported that Burundi’s agreement, signed Tuesday, would cover only people who are not facing prosecution and have no links to “terrorism,” according to officials. In the earlier round of litigation, Justice Kagan wrote in July 2025 that although she disagreed with the initial stay, she did “not see how a district court can compel compliance with an order that this Court has stayed,” per SCOTUSblog.
Third-Country Deportations: Reaction and Risks
On Monday, U.N. human rights experts wrote to the U.S. government urging a halt, warning deportees face heightened risk of abuse, Al Jazeera reported. Advocates say some receiving countries have sent deportees back to places where they feared harm. Because Murphy sits in Boston, the case connects to the city’s own disputes with Washington; see our reports on the Boston Roxbury grant lawsuit and on the city’s Immigrants Lead Boston program.
The Supreme Court’s emergency orders are procedural; the merits ruling is still to come. NPR’s Sept. 30 briefing also carried the order alongside the U.S. exit from Iraq.
FAQ
Did the Supreme Court rule third-country deportations are legal? No. It paused a lower-court ruling while it considers the case; arguments are set for December, per SCOTUSblog.
How did the justices vote? The order did not list a vote count, but Sotomayor, Kagan and Jackson noted they would have denied the request.
What happens next? Oral argument in early December, with a decision likely next year, according to SCOTUSblog.