Washington (United States) (AFP) - The US Supreme Court on Tuesday lifted restrictions on deporting immigrants to countries other than their countries of origin, and agreed to consider the case on the merits in December.
Published on: 09/30/2026 - 11:16
The court, with a conservative majority, responded to an emergency request by the administration of President Donald Trump to suspend a ruling issued by a lower court that imposed restrictions on deportations to so-called “third countries,” without banning them completely.
The lower court had ruled that persons targeted for deportation must be given effective advance notice of the countries to which they will be sent, allowing them to express their concerns about possible persecution.
The three liberal judges on the nine-member Supreme Court announced their opposition to responding to the administration's request.
During his election campaign, Trump pledged to deport millions of irregular immigrants from the United States, and since his return to the White House in 2025, he has taken a series of measures to accelerate deportations.
His administration defends the policy of deportation to third countries, considering it necessary in light of the refusal of some countries of origin to receive their citizens targeted for deportation.
In a brief submitted to the Supreme Court by opponents of deregulation, they asserted that the lower court's ruling did not ban all deportations to third countries, but rather "simply requires their lawful implementation."
On the other hand, Trump administration Solicitor General John Sawer told the court that expedited deportation to third countries constitutes “an essential tool for deporting certain aliens, including some of the most dangerous foreign criminals.” He noted that the lower court's ruling created "significant logistical problems" for deportations.
'Indefensible' decision
An investigation conducted by Agence France-Presse revealed that the United States offered agreements worth millions of dollars, and hinted at imposing visa restrictions, in an attempt to persuade third countries, especially in Africa, to receive deported immigrants.
After arriving in these countries and leaving US jurisdiction, some deportees were subjected to abuse by local guards or were detained indefinitely, while others were quickly returned to their countries of origin.
According to an investigation published last week, the United States deported more than 25,000 people under undeclared agreements with 35 countries that agreed to receive migrants with whom they had no ties.
The investigation conducted by the Forbidden Stories organization revealed that the US administration has allocated $410 million to be paid directly to receiving countries or to United Nations agencies to facilitate the return of migrants.
About 20,000 people, the vast majority of the deportees, were sent to Mexico, while the rest were distributed to 27 other countries in Latin America, Africa and the Pacific region, in addition to concluding agreements with seven additional countries.
Congress had approved a policy that prevents the United States from deporting people to countries where their lives may be in danger or where they may face torture.
Following the Supreme Court's decision, a number of Democratic lawmakers called for more structured measures to prevent such deportations and ensure respect for the right to due process.
“Congress must intervene,” Democratic Rep. Lois Frankel wrote on X. “No person should be deported to a country other than their own without basic legal procedural safeguards and a meaningful opportunity to express legitimate concerns about their safety.”
For his part, Democratic Representative Rob Menendez described the Supreme Court's decision as "indefensible."
“Taxpayers should not fund the uprooting of people from the only homeland they have known their entire lives, nor should our justice system accelerate these unilateral deportations,” he said.
© 2026 AFP
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