Supreme Court Allows Third-Country Deportations as Cubans Wait

On September 29, the U.S. Supreme Court allowed the government to continue deporting individuals to third countries — nations other than their homeland — while it reviews the legality of the policy. A hearing is set for December 9. For Cubans with final deportation orders, the ruling removes, for now, a layer of protection the First Circuit had granted weeks earlier.

A deportation order is not the same as a plane ticket. ICE needs a receiving country and generally travel documents to execute removal. When those are not secured within the legal timeframe, individuals remain free under an order of supervision, the I-220B form. The order itself stays active.

What does the I-220B require?

The form, issued by ICE, sets five obligations:

• Appear in person whenever ICE requests.
• Notify any change of address or employment 48 hours in advance.
• Stay within a specified geographic area unless approved otherwise.
• Cooperate with ICE in obtaining travel documents.
• Comply with the Alternatives to Detention program if enrolled, which may include electronic monitoring.

The third-country policy means ICE can now proceed without Cuba's acceptance.

What changed in 2025?

Third-country deportation is not new. Section 1240.10 of the Code of Federal Regulations directs immigration judges to identify alternative countries when the designated nation does not accept the individual or fails to respond; prior acceptance is not required.

What changed is broader application, now reaching people whose orders were issued years ago. One documented case involved a Cuban deported to Mexico after living in the United States for 55 years.

How do the DHS guidelines work?

The rules come from a DHS guide dated March 30, 2025, detailed in the First Circuit's September 18 decision:

• With diplomatic assurances: if the destination country assures the individual will not face persecution or torture, and the State Department finds those assurances credible, deportation proceeds without further procedures.
• Without assurances: DHS informs the person of the destination country.
• Fear must be voiced: officials will not ask whether a person fears the destination. Only those who speak up may receive a fear interview with USCIS.
• Short timelines: USCIS typically conducts the interview within 24 hours of referral and can do so remotely. A July 9, 2025 memorandum states ICE generally waits at least 24 hours after issuing the deportation notice before executing it.

If USCIS finds the standards unmet, deportation proceeds. Otherwise, the case may reach immigration court, or ICE may select another country.

What has happened in court?

The policy has been litigated for over a year, largely through the D.V.D. case from Massachusetts:

• April 18, 2025: a Massachusetts federal judge issued a preliminary injunction against third-country deportations.
• June 23, 2025: the Supreme Court lifted the injunction during litigation; Justices Sotomayor, Kagan and Jackson dissented.
• February 25: the Massachusetts judge ruled the deportations illegal without proper notice or a real chance to claim fear.
• September 18: the First Circuit largely upheld that ruling, requiring effective notice and an opportunity to claim fear.
• September 29: the Supreme Court stayed the ruling and agreed to review the case; the same three justices opposed the stay.

Until the Court decides, the government may apply the guidelines, and the First Circuit's decision currently offers no protection.

What steps can affected individuals take?

Procedural guidance, not legal advice, includes:

• Express any fear clearly and immediately; officials will not ask.
• Request to speak with an attorney without delay — timeframes run in hours, not weeks.
• Do not sign anything not understood; request an interpreter if needed.
• Prepare evidence and discuss fears with an attorney before detention.
• For detained relatives, use ICE's official detainee locator with the A-number and country of birth.

Those with existing orders should check case status through the EOIR system using their A-number, meet every I-220B condition — missed appointments or unreported moves can trigger detention — and consult an attorney about reopening the case or seeking court protection. A family plan with copied documents and attorney contacts is advised. The Tenth Circuit has limited new ICE detentions after final orders, though that ruling does not apply in Florida. Holders of the I-220A, not the I-220B, fall under a different situation.

The decisive date is December 9, when the Supreme Court hears the case.

This article is general information, not legal advice. Consult a licensed immigration attorney or a DOJ-accredited representative for individual guidance.