Supreme Court Stays Lower-Court Order on Third-Country Deportations Pending December Review

President Trump pledged to implement a large-scale deportation operation upon his return to office in 2025. The administration secured agreements with at least 35 countries to accept third-country national deportees. In June 2025, the Supreme Court issued an unsigned order that allowed these removals to proceed. This legal conflict reached the Supreme Court again in September 2026, as the administration sought to lift an injunction previously imposed by Judge Brian Murphy due to due process concerns. Judge Brian Murphy of Boston later paused the policy, citing the need for immigrants to have a meaningful opportunity to raise safety concerns.

The administration sought to lift the injunction, and the legal conflict reached the Supreme Court again in September 2026. On September 29, 2026, the court issued an order allowing the removals to continue. The justices will hear full arguments on the policy's legality in December 2026. More than 25,000 people have been subject to these removals since the policy began, according to estimates from Refugees International and Human Rights First. On September 28, 2026, UN human rights experts urged the US government to halt the removals, citing risks of abuse, while Burundi became the latest nation to enter an agreement to accept deportees on September 29.

1. The administration secured agreements with partner countries. At least 35 nations signed pacts to accept third-country deportees.

2. The Supreme Court issued an order on September 29, 2026, allowing the administration to resume removals. The judiciary will review the merits of the policy. The court scheduled full arguments on the legality of the policy for December 2026. The administration continues its operations during this review period.

3. In June 2025, the Supreme Court issued an unsigned emergency order that allowed third-country removals to proceed.

4. The administration is expanding its network of partner nations to facilitate deportations. On September 29, 2026, Burundi signed an agreement with the US to accept non-citizen deportations. This agreement brings the total number of participating countries to 36.

1. Refugees International and Human Rights First estimate that authorities deported more than 25,000 people to third countries since the policy began. Separately, United Nations human rights experts warned that the practice increases the risk of abuse.

2. Three Supreme Court justices (Sonia Sotomayor, Ketanji Brown Jackson, and Elena Kagan) indicated they would have denied the administration's emergency petition. The court scheduled oral arguments for December 2024.

3. Judge Brian Murphy blocked the deportations. He ruled the policy denied immigrants a meaningful opportunity to raise safety concerns. The Supreme Court order does not address these due process issues. They remain central to the legal challenge.

4. On September 28, 2026, United Nations (UN) human rights experts urged the US government to halt third-country removals. The experts cited a risk of abuse for deportees.