The Supreme Court Lets Trump Resume Deporting Migrants to Countries That Are Not Their Own, 6-3, and Sets the Case for December Argument — Todd Blanche Calls the Policy "Entirely Lawful and a Critical Tool," While Lois Frankel Says "Congress Must Step In" and Rob Menendez Calls the Ruling "Indefensible"

September 29, 2026

On Tuesday, Sept. 29, 2026, the Supreme Court voted 6-3 to let the Trump administration resume deporting migrants to countries not named in their removal orders while it hears the case in full. The unsigned order gave no reasons; Justices Sotomayor, Kagan and Jackson objected but did not write a dissent. The Court set oral argument for December and asked the parties to address whether lower courts had jurisdiction to grant nationwide relief, as well as whether the policy violates due process or the Convention Against Torture. The order lifts a ruling by the Boston-based First Circuit, which earlier in September had blocked the policy for failing to give migrants adequate notice and a chance to claim fear of torture or persecution in the third country. It is the second time the Court has stayed a lower-court block on the policy. Since February 2025, DHS has sent more than 25,000 migrants to third countries, mostly in Latin America and Africa.