The U.S. Supreme Court on Tuesday, September 29, 2026, allowed the Trump administration to temporarily resume deporting migrants to third countries where they have no previous ties, a decision that could affect 1,282 Kenyan nationals already listed on ICE's non-detained docket with final removal orders.

The Court agreed to hear arguments on the policy's legality in December, with a final judgement expected in 2027. Until then, the policy is back in effect.

"In our second Supreme Court victory in less than a week, DHS's third country removal policy is back in effect," said James Percival, General Counsel at the Department of Homeland Security (DHS). He urged people who are in the U.S. illegally to leave voluntarily.

What does the ruling change?

The decision lifts restrictions a lower court imposed in February, which had required immigration authorities to give deportees notice and an opportunity to challenge removal to a third country. The U.S. Court of Appeals for the First Circuit largely upheld that decision earlier in September, before the Supreme Court intervened.

Under the reinstated policy, the United States can send some deportees to third countries that provide assurances they will not persecute or torture them — without necessarily informing them of the destination beforehand. The administration has secured arrangements with several countries, particularly in Africa and Latin America, to receive deportees who are citizens of other nations.

Who is affected?

Kenyans with final removal orders may now be considered for transfer to countries other than their own. ICE data shows 1,282 Kenyan nationals were on the agency's non-detained docket with final orders of removal as of March 13.

A final removal order means the individual has been ordered to leave the country. Being on the non-detained docket does not by itself indicate that the person has a criminal conviction.

What is the CBP Home programme?

Percival pointed to the Customs and Border Protection (CBP) Home programme as a preemptive alternative. Eligible undocumented migrants can notify authorities of their intention to leave voluntarily and arrange government-assisted self-deportation.

According to DHS, the programme provides:

• A flight home for eligible participants
• A Ksh389,100 ($3,000) exit payment
• Identity checks, vetting, travel assistance and confirmation of departure, based on personal details and travel information submitted through the associated app

What happens next?

The Supreme Court will hear arguments in December, and a final judgement on the legality of third-country removals is expected in 2027. Until then, migrants with final removal orders — including the 1,282 Kenyans identified in ICE data — face the possibility of removal to a country with which they have no prior connection.

Readers seeking case-specific guidance should consult official DHS and ICE announcements or a licensed immigration attorney.