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

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 December:

• 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