The high court agreed to pause a February
order from a federal district judge that said immigration authorities must give
deportees more due process before removing them to so-called third countries.
That decision was largely
upheld by a federal appeals court earlier this month. The lower courts said migrants are entitled
to notice and the opportunity to challenge their removals before immigration
officers attempt to send them to countries that are not their own. But the
Trump administration has argued those decisions have prevented the Department
of Homeland Security from "efficiently removing aliens," including
those with criminal records. Justices
Sonia Sotomayor, Elena Kagan and Ketanji Brown Jackson said they would have
denied the government's request for emergency relief. The high court's decision paves the way for
the Trump administration to continue relying on a March 2025 policy that allows
officials to send deportees to third countries, without notifying them of the
destination, if such nations provide the U.S. government blanket assurances
that they will not persecute or torture the deported migrants. In addition to granting the Trump
administration's request for emergency relief, the Supreme Court said it will
hold arguments in the case in December. It asked lawyers for the Justice
Department and migrants challenging the third-country-removal policy to be
prepared to address several questions, including whether it violates federal
law, the Constitution's Due Process Clause or regulations. A decision from the court would likely come
by the summer of 2027. James
Percival, general counsel at the Department of Homeland Security, cheered the
decision and urged people in the U.S. illegally to self-deport. "In our second Supreme Court victory
in less than a week, DHS's third country removal policy is back in
effect," he wrote on X. "A bad day for criminal illegals and open
borders activists alike. It's not too late to get $3,000 and a flight
home." Over the past year and a
half, the Trump administration has persuaded several dozen countries — mainly
in Africa and Latin America — to accept groups of deportees from the U.S. who
are citizens of other nations. The arrangements, which have been largely
shrouded in secrecy, have allowed U.S. officials to send deportees from
countries like Cuba, Colombia and Venezuela to African countries, as well as
migrants from Asia and other parts of the globe to Latin American nations. Some third-country deportees have been sent
to notoriously dangerous nations like the Central African Republic and South
Sudan. In Liberia, deported men and women from Brazil, Colombia, Guatemala,
Honduras and Venezuela told CBS News they only learned they were getting deported to
Africa hours before the deportation plane took off — or in the middle of the
flight. The Trump administration's
efforts to remove migrants to third countries are part of a broader immigration
crackdown pursued by President Trump in his second term. The Justice Department
told the Supreme Court last week that as a result of the lower court decision
blocking the third-country removals, the Department of Homeland Security had to
cancel a flight to three countries for 70 migrants, some of whom have criminal
records. The administration estimates
that the policy has led to the deportations of "thousands" of
individuals in recent months, with "thousands more" eligible to be
removed to third countries.