Third-Country Deportations Are Back For Now

What Immigrants Need to Know About the Latest Supreme Court Update

A major immigration development could affect people facing removal from the United States.

On September 29, 2026, the U.S. Supreme Court temporarily allowed the government to resume certain third-country removals while the Court reviews the legality of the policy. The case is Department of Homeland Security v. D.V.D., and the Supreme Court has scheduled the case for its December 2026 argument session.

What Is a Third-Country Removal?

Normally, a person with a removal order may be removed to a country identified in the removal process.

A third-country removal means the government seeks to remove a person to a country that is not their country of nationality.

For example, someone from Country A could potentially be removed from the United States to Country B.

The government has used this policy to remove certain people to countries including Mexico and other countries that are not their countries of nationality.

What Changed on September 29?

The Supreme Court granted the government’s request to stay a lower-court ruling that had blocked the government’s third-country removal policy.

The Court also agreed to hear the case and will consider important legal questions, including whether the government’s policy is lawful under immigration law, the Due Process Clause, and protections related to torture under the Convention Against Torture (CAT).

This means the government can currently resume certain third-country removals while the Supreme Court considers the case.

But this is not a final ruling that the policy is lawful.

The Supreme Court’s September 29 order is a temporary stay while the broader legal challenge moves forward.

Why Does This Matter?

The country where someone may be removed can become an important issue in an immigration case.

A person may have concerns about:

• Safety in the proposed country of removal
• Persecution or torture
• Whether they have legal protection in that country
• Whether they have previously lived there
• Whether they have family or other connections there

The legal questions surrounding third-country removals include whether people must receive an adequate opportunity to raise country-specific protection claims before being removed.

Who Could Be Affected?

The policy concerns certain noncitizens who are subject to removal from the United States.

However, not every person with an immigration case will automatically be subject to third-country removal. The effect of the policy depends on the person’s immigration history, removal order, circumstances, and the government’s actions in the individual case.

That is why it is important not to assume that the Supreme Court’s order means every person facing removal can be sent to any third country.

What Happens Next?

The Supreme Court has agreed to hear DHS v. D.V.D., with arguments expected during the December 2026 argument session. The Court will consider whether the government’s third-country removal guidance is lawful.

Until the Court issues its decision, the September 29 stay remains significant because it allows the government to continue certain third-country removals while the litigation continues.

If You Are Facing Removal

If you have a final removal order, are detained by ICE, or have been told that you may be removed to a country other than your country of nationality, your situation may require immediate legal attention.

The rules surrounding third-country removals are developing, and the outcome can depend heavily on the facts of your individual case.