US Supreme Court allows rapid third-country deportations to continue for now

The US Supreme Court granted the Trump administration’s request on Tuesday to pause a lower-court judgment on deportations to countries not previously identified as destinations for the people affected. The order allows the government’s third-country removal procedures to continue for now while the justices consider the case. It is not a final ruling that the policy is lawful. [2] [9]

A federal judge in Massachusetts ruled in February that members of the affected group must receive meaningful notice and a chance to object to a proposed destination before removal. The judge also set aside the government’s guidance, but did not impose a blanket ban on third-country deportations. An appeals court largely upheld the judgment this month. [3] [4]

Under the challenged guidance, a person may be removed without further procedures if the receiving country has given assurances against persecution or torture that the US State Department considers credible. Otherwise, the policy requires notice of the destination and screening for people who say they fear being sent there. The usual 24-hour wait after notice can be shortened to at least six hours in exceptional circumstances, subject to conditions. [5]

Government lawyers said the lower-court judgment had disrupted removal operations, including flights. Lawyers for the migrants argued that giving notice and an opportunity to object need not prevent removals. [6] [7]