Supreme Court Permits Third-Country Deportations While Taking Up Due-Process Challenge

ByWhite American Rights Editorial Team

Decision and publication date: September 29, 2026
Procedural status: Temporary Supreme Court stay pending full review—not a final merits ruling. Oral arguments are expected in December.

Summary

The U.S. Supreme Court allowed the Trump administration to resume deporting migrants to countries other than their own without the notice and opportunity to raise country-specific persecution or torture claims required by a lower-court ruling. The Court’s three liberal justices dissented.

The case is Department of Homeland Security v. D.V.D., No. 26A406. The Court stayed a February ruling by U.S. District Judge Brian Murphy that declared the Department of Homeland Security’s policy unlawful and held that affected migrants were entitled to meaningful notice and an opportunity to object.

Positions and responses

  • The administration argues third-country removals are necessary when migrants cannot be returned to their countries of origin, including some people with serious criminal records.
  • DHS General Counsel James Percival welcomed the decision and called it “a bad day for criminal illegals and open-borders activists alike.”
  • Plaintiffs’ attorney Trina Realmuto said the order could permit removals before individuals receive notice or can claim that they face persecution or torture. The plaintiffs maintain that the policy also reaches longtime residents and people without criminal histories.

Why it matters

The order immediately changes deportation procedures affecting potentially thousands of people and places a major Fifth Amendment due-process dispute before the Supreme Court. It does not resolve the policy’s ultimate legality.

Sources: Reuters; Associated Press.

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