Supreme Court Allows Administration to Continue Third Country Deportations

The Supreme Court has ruled in a 6-3 decision that the Trump Administration can remove foreign nationals to third countries when their home country will not accept them.  The Government has claimed that an inability to remove “criminal illegals” threatens the safety of Americans, and that they have negotiated with third countries to take them. 

This decision overturns a lower federal court ruling that had required the government to provide foreign nationals with notice and a “meaningful opportunity” to contest their deportations when there is a risk of torture in the receiving country. It remains unclear whether the Administration has secured diplomatic assurances from these third countries—those willing to accept the individuals—that they will not be subjected to torture or persecution.

The three dissenting Justices pointed out that the Court’s decision to allow third country deportations without notice directly contradicts longstanding conventions and rulings that protect due process. 

The case involved the deportation of eight foreign nationals to South Sudan without giving them enough time to understand and challenge their removal. More information on these eight individuals can be found here. 

The alert is for informational purposes only. Please contact us if you would like to discuss this development further