The Supreme Court gives the Trump administration the green light to resume deportations to third countries

The U.S. Supreme Court on Tuesday allowed the Trump administration to temporarily resume its policy of deporting undocumented immigrants to third countries with which they have no direct ties.

The ruling overturns an order issued in February by a federal district judge that required additional administrative procedures and prior notice before carrying out the transfers, a requirement an appeals court upheld in early September.

The Supreme Court's decision upholds the Department of Justice's argument that the judicial injunctions prevented the Department of Homeland Security (DHS) from efficiently deporting thousands of foreign nationals, including those with criminal records.

Justices Sonia Sotomayor, Elena Kagan, and Ketanji Brown Jackson opposed granting the government's emergency relief request. With this ruling, the administration reinstates the regulatory framework adopted in March 2025.

Under this framework, immigration authorities are authorized to send deportees to third countries without prior notice of their final destination, provided that those nations guarantee through agreements that they will not subject the deportees to persecution or torture.

Operational progress and impact on border control

The Trump administration has formalized agreements with dozens of countries in Latin America and Africa to accept groups of deportees who are not nationals of those countries.

These operational partnerships have enabled the expedited transfer of citizens from Cuba, Colombia, and Venezuela to African nations, as well as the transfer of migrants of Asian origin to Latin American countries.

The general counsel of the Department of Homeland Security, James Percival, welcomed the court's ruling on X and reiterated the government's call for those in the country illegally to take advantage of voluntary return programs.

"In our second victory at the Supreme Court in less than a week, DHS's third-country removal policy is back in effect. A bad day for both illegal immigrants with criminal records and open-border activists," the official stated.

The Supreme Court set a hearing for December

Resuming deportation flights helps reduce overcrowding in detention centers and prevents cancellations of scheduled operations.

Last week, the Department of Justice warned the justices that obstacles imposed by lower courts forced the last-minute suspension of a flight carrying 70 people to three different countries, several of whom had criminal records.

The Supreme Court agreed to hear oral arguments in December, when it will formally evaluate whether this policy complies with federal law, current regulations, and the Constitution's Due Process Clause.

While a final ruling is expected in mid-2027, the Executive Branch will keep in place the mechanism that has already allowed the deportation of thousands of undocumented immigrants in recent months.