The Supreme Court permitted the government to resume third country removals for now. In an order dated 29 September 2026, the Court granted the Department of Justice (DOJ)’s emergency request to suspend a lower court’s decision that halted these removals. The court will hear oral arguments in December. The legality of third-country removals remains undecided.
How the Case Got Here
The case, D.V.D. v. Department of Homeland Security, began in 2025 as a class action in the federal courts in Boston. In February 2026 U.S. District Judge Brian Murphy handed down a final judgment ruling that the Department of Homeland Security’s policy concerning removal to a third country was unlawful. The judge made that decision because fair procedure required officials to give people proper notice before sending them to a country that had not been mentioned in their removal proceedings and to give them a meaningful opportunity to explain that they feared persecution or torture there.
In March, the First Circuit Court of Appeals suspended the judgment while the government appealed; on September 18, the appellate court mostly maintained Judge Murphy’s decision and took another step by lifting the suspension it had imposed in March, thus putting the judgment into effect. Shortly after this, the removal flight that had been scheduled was canceled.
The Solicitor General appeared before the Supreme Court on September 24, marking the administration’s third presentation of this case to the justices. He stated that the restored order resulted in canceled flights, increased costs, and potential diplomatic challenges. He also warned that delays would require the government to restart removal cases and renegotiate agreements with foreign countries. Politico reported on the filing.
Background
Third country removals have increased rapidly since January 2025. Initially, the number of removals was limited by individual agreements. As reported in May, the government agreed with Honduras to send no more than ten non-Honduran nationals per month, and only sixty people had been removed there by April 2026.
Since then, advocacy groups report that over 25,000 people have been deported to a third country, and at least 35 countries have entered agreements with the United States to accept these individuals. Burundi most recently joined on 29 September, the same day as the Supreme Court’s order. Individual cases continue in the courts. On May 14, 2026, a federal judge issued a release order for a woman removed to a third country.
ILBSG continues to monitor U.S. immigration developments. If you have questions about any U.S. immigration issue, please contact us. Working with an experienced attorney ensures you receive accurate advice based on current laws. In a rapidly changing policy environment, obtaining the right guidance is essential.