The Supreme Court granted the Trump administration a stay on a decision from the District of Massachusetts that blocked officials from deporting illegal aliens to third-world countries.
BREAKING: The Supreme Court has temporarily allowed the Trump administration to continue deporting migrants to third countries while it hears a major challenge to the policy. Argument is set for December. pic.twitter.com/PBh6SnL5ap
— SCOTUS Wire (@scotus_wire) September 29, 2026
However, SCOTUS will hear the merits of the case during the December 2026 argument session.
The court ordered both sides to brief and argue these four questions:
- Whether the district court had jurisdiction over Respondents’ claims.
- Whether the district court had authority to enter classwide declaratory relief and APA vacatur under 8 U. S. C. §1252(f)(1).
- Whether the Government’s Guidance on third-country removals is unlawful under 8 U. S. C. §1231(b), the Due Process Clause, or FARRA/CAT and its implementing regulations.
- Such other questions that the Government determines are appropriate for the proper disposition of the case.
The stay will end “upon the sending down of the judgment of” SCOTUS.
The decision should come out next July.
From Fox News:
The dispute centers on the Trump administration’s efforts to remove illegal aliens to third countries. Lower courts have not categorically prohibited those removals but have required procedures intended to give aliens an opportunity to raise claims that they could face persecution or torture in the destination country.
The Trump administration returned to the Supreme Court last week, arguing that those requirements were interfering with its ability to carry out removals and disrupting sensitive diplomatic negotiations with countries willing to accept deportees.
The administration has deported aliens to the Central African Republic, Costa Rica, Equatorial Guinea, Honduras, and Liberia.
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