The U.S. Supreme Court on Tuesday, September 29, allowed the Trump administration to continue deporting certain immigrants to "third countries" where they have no connections. The order temporarily blocks a lower-court ruling that had found the policy unlawful because it denied immigrants a chance to raise safety concerns before removal.

The court's three liberal justices — Sonia Sotomayor, Elena Kagan and Ketanji Brown Jackson — dissented. The justices will hear arguments in December and issue a definitive ruling, expected next year.

What the policy does

The third-country removal policy took effect in January 2025, at the start of President Trump's second term. It allows the U.S. government to deport non-citizens to countries other than their country of origin, including states where the deportee has no personal, family or linguistic ties.

According to the Migration Policy Institute, roughly 15,000 people were deported to third countries in 2025. Mexico received the largest share. Other receiving countries have included South Sudan, Eswatini and Rwanda.

Who challenged it and why

Four unnamed immigrants challenged the policy, arguing they deserved a "meaningful opportunity" to contest their deportations. U.S. District Judge Brian Murphy had previously ruled that removing people to third countries without proper notice and a chance to challenge the transfer was unlawful.

The Supreme Court's September 29 order set that ruling aside while the case proceeds. Immigration advocates argue the practice exposes deportees to a real risk of torture or persecution. Trina Realmuto, a lawyer for the National Immigration Litigation Alliance, voiced concern about the immediate danger now facing people in removal proceedings.

The government's position

Solicitor General D. John Sauer argued that suspending the policy created logistical problems and diplomatic concerns. As NBC News reported, the administration contends no individualized determination is needed because its agreements with receiving countries guarantee that deportees will not be mistreated.

The plaintiffs counter that deportations carried out without regard to potential persecution or torture cause serious harm, regardless of such assurances.

Third trip to the Supreme Court

The September 29 decision marks the third time the Trump administration has asked the Supreme Court to intervene in this litigation. Each time, the administration secured relief allowing the removals to continue.

What changes now

For the estimated thousands of people in removal proceedings who could be sent to a third country, the practical effect is immediate: transfers may proceed while the December arguments and final ruling are pending, and the procedural protections ordered by Judge Murphy are on hold.

A definitive answer on whether the policy survives will come only with the Supreme Court's final decision, expected in 2027. Readers tracking individual cases should follow the court's docket and official filings for the December argument session.