The US Supreme Court has allowed the Trump administration to temporarily resume one of its most controversial immigration policies, under which migrants can be deported to countries other than their countries of origin.
The policy, known as “third-country” deportation, means a person from one country can be removed from the United States and sent to another country where they may never have lived and have no family or other established connections.
What are third-country deportations?
The Trump administration has used third-country deportations in cases where migrants cannot be returned to the country listed in their deportation orders.
This can happen when a migrant’s government refuses to accept them back or when US law prevents their removal because they could face danger, including persecution or torture, in their home country.
According to a tally by human rights groups, more than 25,000 migrants have already been sent to 29 countries under the policy.
Most of those deported were sent to Mexico, while others were sent to countries including South Sudan, Uganda, Equatorial Guinea, Liberia and the Central African Republic.
Why is the policy facing legal challenges?
The dispute before the courts is not simply about whether the US government can deport migrants to third countries. It also concerns the procedures that must be followed before a person is placed on a flight.
A federal judge ruled that migrants should receive adequate notice and a meaningful opportunity to argue that they could face persecution or torture in the country where the US government plans to send them.
The Trump administration has argued that such requirements can make third-country removals difficult to carry out. Officials have also said the policy is particularly important for migrants with criminal records who cannot be returned to their home countries.
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Immigration advocates, however, have raised concerns about the potential dangers migrants could face after being sent to unfamiliar countries.
They argue that the policy can expose people, including migrants without criminal records, to serious risks if they are removed without sufficient opportunity to challenge their destination.
Supreme Court ruling is temporary
The Supreme Court’s Tuesday decision temporarily sided with the administration, allowing third-country deportations to resume while the broader legal dispute continues.
The ruling does not settle the underlying question of whether the administration’s policy is ultimately lawful.
The justices are scheduled to hear arguments in December, when the court is expected to consider the legal requirements surrounding the policy and the protections available to migrants facing removal to third countries.
