Trump administration urges Supreme Court to revive third-country deportation policy

Updated on: September 24, 2026 / 5:12 PM EDT / CBS News

In an emergency request Thursday, the Trump administration urged the Supreme Court to revive its policy of deporting some migrants to places other than their country of origin, a practice that was struck down by a lower court on the grounds that it violates deportees' due process rights.

The Justice Department asked the high court to pause a February 2026 order from a federal judge, largely upheld by an appellate court last week, that requires federal immigration officials to give deportees more due process. The courts said deportees need to get notice and a chance to challenge their deportation before any attempt to remove them to a so-called "third country" where they have no ties.

Such a pause would allow the Department of Homeland Security to continue a policy that empowers officials to send detainees to third nations, without providing them notice or a chance to challenge that deportation, if the receiving country has made blanket assurances that they will not persecute or torture the deportees.

Justice Department lawyers said DHS already had to cancel a flight to three third countries for 70 would-be deportees, some of whom…

Original source: https://www.cbsnews.com/entertainment/