The Trump administration filed an emergency petition with the Supreme Court on Thursday, demanding an immediate halt to lower court rulings that require migrants to have a meaningful opportunity to challenge third-country deportations. Solicitor General D. John Sauer argued that these judicial requirements create "unworkable delays" and obstruct the Department of Homeland Security (DHS) from efficiently removing individuals. The government contends that any claim of fear, however "frivolous or belated," cannot justify pausing removal operations.
A federal appeals court recently upheld a Boston-based judge's decision, which mandates that migrants must be able to argue that deportation to a third country would expose them to persecution or torture. This ruling does not ban third-country removals but imposes procedural safeguards. The administration claims these safeguards have already disrupted operations, citing the cancellation of a flight carrying 70 individuals with criminal convictions destined for three different destinations.
DHS General Counsel James Percival stated on X that 25,000 people have already been deported to third countries, labeling the practice an "essential public safety tool." While the majority of these individuals were sent to Mexico, the administration has utilized secret agreements to deport thousands to over two dozen nations, including Liberia and Guyana. Percival's post included a video of Taylor Swift reacting to a touchdown, captioned with a comment about his wife's reaction to the deportation numbers.
Critics and human rights groups point to severe safety risks faced by deportees in these third countries. This month, lawyers for two men deported to Equatorial Guinea reported they were beaten and held at gunpoint by police in a hotel-turned-detention center. Many deportees find themselves in unfamiliar countries with no legal status or support systems, leaving them with little choice but to attempt to return to the nations they originally fled.
The Supreme Court is expected to rule on whether to grant the administration's request for an immediate stay of the lower court's order. If granted, the government plans to resume rapid third-country removals as part of its broader pledge to deport millions of undocumented immigrants. The decision will determine whether the procedural safeguards established by the Boston judge remain in effect or if the administration can proceed with its expedited deportation strategy.