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Trump Administration Seeks Supreme Court Relief for Third-Country Deportations

By Drooid · · How we work

Core Event: Emergency Appeal to the Supreme Court

On September 24, the Justice Department filed an emergency petition asking the U.S. Supreme Court to halt lower-court orders that require migrants to be given a meaningful opportunity to contest removal to a country other than their own. The filing seeks an immediate stay of the First Circuit’s enforcement of U.S. District Judge Brian Murphy’s ruling that the Department of Homeland Security’s “third-country” policy is unlawful.

Background & Context

The “third-country” removal program was adopted in early 2025 after DHS began negotiating agreements with nations that would accept migrants whose home countries would not. The administration argues the policy is essential for expelling individuals it labels “the worst criminal aliens.” The Supreme Court previously granted a limited stay in June 2025, allowing flights to continue while the case proceeded.

Data & Statistics

  • More than 25,000 migrants have been sent to at least 29 third countries, primarily Mexico, according to Refugees International and Human Rights First.
  • Agreements also involve South Sudan, Equatorial Guinea, Liberia, the Central African Republic, Uganda and Panama.
  • The First Circuit’s order on September 23 forced the cancellation of a flight carrying 70 individuals with criminal convictions destined for three separate countries.

Official Statements & Responses

  • Attorney General Todd Blanche called the appellate order a night-time “robbery” of a tool he described as “entirely legal and invaluable.”
  • DHS General Counsel James Percival defended the program as a public-safety measure, saying the United States is forced to use third-country removals when home nations refuse repatriation.
  • Justice Ketanji Brown Jackson ordered the challengers to file written responses by the following Monday, indicating the Court will consider whether to grant the requested stay.

Criticism & Opposition

Human-rights groups, including Refugees International and Human Rights First, have called the policy “machiavellian” and warned that deportees are being sent to nations with documented risks of torture, kidnapping and armed conflict. Lawyers for two men deported to Equatorial Guinea allege they were beaten and held at gunpoint in a hotel-turned-detention center.

On-the-Ground Reports

Witnesses in Equatorial Guinea said U.S. deportees were hooded, bound and subjected to police violence shortly after arrival. Similar concerns have been raised about conditions in the Central African Republic and South Sudan, where instability heightens the risk of persecution.

Conflicting Reports & Gaps

Sources differ on the exact number of destination nations: some cite “at least 29” countries, others “more than two dozen.” Both figures align with the broader estimate of 25,000 deportees but illustrate a lack of precise accounting for all agreements.

Verbatim Quotes

  • “Without even allowing the government a chance to respond, and in the dark of night, a federal appeals court blocked us from conducting all third-country removals of illegal aliens, an entirely legal and invaluable tool to stem the tide of illegal immigration,” — Todd Blanche, U.S. attorney general
  • “We will immediately seek relief from the Supreme Court, which previously granted a stay in this very same case.” — Todd Blanche

What’s Next

The Supreme Court will decide whether to grant the emergency stay while it reviews the merits of the case. If relief is denied, the administration’s ability to conduct rapid third-country removals will remain suspended pending further appellate review.