WASHINGTON — The U.S. Supreme Court on Tuesday granted, for now, the Trump administration’s request to continue rapid third-country deportation of immigrants to countries not their own.
The decision will allow the Trump administration to carry out its aggressive deportation method of quickly removing immigrants to one of the countries — some with human rights concerns — the administration that has agreements with to take third-country removals from the United States.
The high court will hear oral arguments in December, and directed the parties to answer several questions including if the district court has jurisdiction over the issue, if the lower court can deliver classwide relief and whether the Trump administration’s rapid third-country removal policy is lawful. Tuesday’s order will remain in effect until the justices reach a decision in the case.
The three liberal justices, Sonia Sotomayor, Elena Kagan and Ketanji Brown Jackson, noted they would have denied the emergency request.
The lower court’s order did not bar third-country removals, but prevented the deportation from occurring unless adequate time was given for a noncitizen to verify that they would not face harm in the third country.
Third-country removals are when a noncitizen is deported from the U.S. to a nation other than that person’s home country. It occurs when the home country of a person with a removal order from the U.S. does not accept the person’s repatriation.
A district court and appeals court found that immigrants must have an opportunity to challenge their removal to a country where they do not have citizenship if they fear for their safety or if they might be returned to their home country where they could experience harm.