Friday, September 25, 2026
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Supreme Court·Immigration

Administration asks justices to restore third-country deportations

Published , Friday, September 25, 2026 · Updated
In the 12 PM CT update

Statue outside the U.S. Supreme Court building
Photo: Carol M. Highsmith, Library of Congress (no known restrictions)

Solicitor General D. John Sauer asked the Supreme Court on Thursday to let the government resume deporting some noncitizens to countries not named in their removal orders, saying it had been deprived of "an essential tool to remove certain aliens, including some of the worst criminal aliens." It is the third time the administration has taken the fight to the Court. The 1st Circuit last week upheld an order by U.S. District Judge Brian Murphy, a Biden appointee, requiring notice and a meaningful chance to challenge such removals, and on Wednesday dissolved the stay that had let them continue. The government's filing says DHS has already canceled a flight to three countries carrying 70 aliens with criminal convictions. Justice Jackson ordered a response by 4 p.m. EDT Monday, Sept. 28.

Sources
  • Supreme Court docketDHS v. D.V.D., No. 26A406: application for a stay (docket)
  • Government's application (PDF)Application for a stay and request for an immediate administrative stay
  • SCOTUSblogTrump administration again urges justices to allow deportations to third-party countries
  • Fox NewsFirst Circuit formally blocks Trump's third-party deportation policy

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