In a brief unsigned order issued on Monday, the court’s conservative majority overturned a lower court ruling that had granted migrants the right to challenge such deportations. All three liberal justices dissented, warning of potential human rights violations.
The ruling is expected to impact thousands of undocumented migrants, including individuals from Myanmar, Cuba, and Vietnam—many of whom face legal barriers to repatriation to their home countries due to political instability or strained diplomatic relations.
Justice Sonia Sotomayor, joined by Justices Elena Kagan and Ketanji Brown Jackson, issued a strongly worded dissent. “The government has made clear in word and deed that it feels itself unconstrained by law, free to deport anyone anywhere without notice or an opportunity to be heard,” she wrote.
The decision comes just weeks after U.S. District Judge Brian Murphyblocked a deportation flight to South Sudan, citing concerns about torture and persecution. That flight was ultimately diverted to a U.S. naval base in Djibouti.
The Department of Homeland Security welcomed the Supreme Court’s decision, calling it a “major win for the safety and security of the American people.”
However, legal advocates decried the ruling. Trina Realmuto of the National Immigration Litigation Alliance called the outcome “horrifying” and vowed to continue fighting in court.
As Trump ramps up enforcement efforts in his second term, his administration has expanded agreements with countries such as Costa Rica and Panama to receive third-country deportees—moves critics say sidestep international asylum obligations.
Judge Murphy, a Biden appointee, has maintained that while third-country removals are not inherently unlawful, migrants must be given a fair chance to prove the risks they face.
The ruling underscores the growing legal and moral battles over U.S. immigration policy, especially for vulnerable groups such as LGBTQ+ asylum seekers and those with past criminal convictions.
