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Supreme Court votes 6-3 to let Trump deport migrants to third countries without notice or a chance to raise torture fears

Political Guyentist · September 30, 20263 min read

FOX NEWS

The justices took the case themselves: arguments in December, a ruling expected by the end of June 2027, and the policy runs until then.

On Tuesday, Sept. 29, the Supreme Court let the Trump administration resume sending deportees to countries that are not their own, without first telling them where they are going or letting them object.

The paused order. U.S. District Judge Brian Murphy in Massachusetts ruled in February 2026 that deportees must get notice of the destination and a chance to say they would be tortured or persecuted there. The Boston-based 1st Circuit largely upheld him, and the order took effect Sept. 23.

The split. Justices Sotomayor, Kagan and Jackson dissented. The majority gave no reasons.

The government's case. It says the order forced it to cancel a flight of about 70 people with criminal convictions bound for three countries. "Finding third countries willing and able to accept aliens is a delicate diplomatic endeavor," its filing said. After the ruling, DHS General Counsel James Percival urged migrants to leave on their own, pointing to the government's offer of a cash payment and a free flight home.

What next. Arguments land in the court's December sitting, with a ruling expected by the end of June 2027; the policy stays in effect until then.

What the justices will decide in DecemberWhether the Massachusetts judge had jurisdiction to hear the case at all2 details
  • Whether the Massachusetts judge had jurisdiction to hear the case at all
  • Whether the policy breaks federal law, the Due Process Clause or immigration regulations

What we’re less sure of5 of 7 claims

Red take

The justices were right to let these removals resume until they decide, after December arguments, whether a Massachusetts trial judge could hear the case at all. Requiring notice and a chance to object for every destination turns each flight into a lawsuit, and the government says the order already cost it one: about 70 convicted criminals bound for three countries, the kind of placement its filing calls "a delicate diplomatic endeavor."

Blue take

Six justices, offering no reasons, wrongly revived a policy that lets the government send deportees to countries not their own on the receiving country's blanket promise not to torture them. A person who is not told where the plane is going cannot say he fears torture there, and a criminal record is not a sentence to torture. The justices' ruling, expected by the end of June 2027, will come after the planes have left.