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The US Supreme Court lifted restrictions on Tuesday on deporting immigrants to countries other than their own, while agreeing to hear the underlying legal question on its merits in December.
The conservative-majority court granted an emergency request from the Trump administration to suspend a lower court ruling that had restricted, though not outright banned, so-called third-country removals. That lower court ruling required that people facing deportation receive effective advance notice of where they were being sent, giving them a chance to raise concerns about potential persecution there. The three liberal justices on the nine-member court indicated they would not have granted the administration’s request.
President Trump campaigned on pledges to remove millions of undocumented immigrants from the country and has taken a range of steps to speed up deportations since returning to office in 2025. The administration has defended third-country deportations as necessary in cases where a person’s home country refuses to take them back.
In a brief to the court, opponents of lifting the restrictions argued that the lower court ruling never fully blocked third-country deportations, but simply required them to do so lawfully. Trump’s solicitor general, John Sauer, countered that rapid third-country deportation is an essential tool for removing certain immigrants, including some of the most serious criminal offenders, and argued that the lower court’s ruling had created substantial logistical problems for removal efforts.
An AFP investigation found that the US has offered multimillion-dollar deals and threatened visa restrictions to persuade other countries, particularly in Africa, to accept deportees from third countries. Once outside US jurisdiction, some deportees have reportedly faced abuse by local guards, indefinite detention, or rapid onward deportation to their home countries. Congress has established it as US policy not to deport people to countries where their lives would be in danger or where they could face torture.
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