US Supreme Court allows Trump administration to resume third-country migrant deportations
The US Supreme Court granted an emergency stay on 29 September 2026, permitting federal authorities to deport migrants to countries where they have no prior ties while litigation continues.
Supreme Court emergency order
The US Supreme Court on 29 September 2026 granted an emergency request from the Justice Department to lift restrictions on deporting undocumented migrants to third countries. In a 6-3 order, the conservative majority paused a lower court injunction that had required immigration authorities to give migrants advance notice of their destination and an opportunity to challenge potential safety risks. The court's three liberal justices dissented without issuing a written opinion. The order takes effect immediately, allowing federal authorities to resume expelling migrants to nations where they hold no citizenship or prior personal connections.
- Trump administration begins second term and expands third-country removal policy
- Supreme Court allows deportation of men from Vietnam and Myanmar to South Sudan
- Boston federal judge rules third-country deportations unlawful without safety reviews
- Appeals court restriction prompts cancellation of 70-person deportation flight
- Supreme Court grants emergency stay allowing third-country removals to resume
- Supreme Court scheduled to hear full oral arguments on the merits of the policy
Lower court challenges and cancelled flights
The dispute stems from a February 2026 ruling by a federal district judge in Boston, who determined that third-country removals without due notice were unlawful. The Boston court held that individuals facing expulsion must have a meaningful avenue to demonstrate whether they face threats of persecution or torture in the destination state. An appeals court subsequently upheld limits on the policy, concluding that deportees lacked a fair mechanism to contest removals to unfamiliar territories.
The litigation directly disrupted deportation logistics during the week preceding the Supreme Court's intervention. Immigrant rights attorneys stated that a charter flight scheduled to depart Louisiana carrying roughly 70 people to Burundi, Rwanda, and the Central African Republic was cancelled following the appellate court's restriction. Federal attorneys argued in emergency filings that third-country removals remain necessary, particularly when deportees' home nations refuse repatriation or when individuals carry criminal records.
Destination agreements across Africa
Third-country deportations expanded following Donald Trump's return to the presidency in January 2025. According to figures compiled by human rights organizations, more than 25,000 people have been expelled to 29 third countries under the program, with the vast majority transferred to Mexico. Other transfer destinations documented by advocates include South Sudan, Uganda, Liberia, Equatorial Guinea, and Eswatini. The administration previously secured a favourable ruling from the Supreme Court in June 2025 regarding removals of individuals from Vietnam and Myanmar to South Sudan.
Burundi confirmed on 29 September 2026 that it had agreed to accept individuals deported from the United States with no prior ties to the East African country. Presidential spokeswoman Nancy Ninette Mutoni announced that Burundi will accept only individuals without active criminal cases, violent crime convictions, or links to terrorism. While she did not disclose scheduled dates or target arrival counts, she outlined local accommodation arrangements.
Receiving them requires serious planning: where they will stay, what they will eat, and how they will live alongside the local population.
Legal review set for December
The emergency stay allows the Department of Justice to proceed with transfers until the Supreme Court issues a final decision. The justices scheduled oral arguments on the merits of the policy for December 2026. The forthcoming hearing will determine whether the administration's removal procedures violate statutory and constitutional protections by withholding prior notice and formal risk assessments before departure.
