The Trump administration announced plans to petition the Supreme Court regarding its third-country deportation policy, seeking to reverse a recent lower court decision that blocked the practice.
US Attorney General Todd Blanche stated that the Department of Justice would request emergency relief from the high court, characterizing the federal appeals court’s rejection as occurring without adequate opportunity for government response. According to administration officials, the policy has facilitated the deportation of more than 25,000 migrants to at least 29 third countries through bilateral agreements, with Mexico accounting for many cases and others involving nations across Latin America, Central Asia, the Caribbean, and Africa.
A three-judge panel of the US federal appeals court in Boston upheld a lower court decision declaring the Department of Homeland Security’s policy unlawful. The decision emerged from a class-action lawsuit filed by migrants facing deportation orders and centered on questions regarding due-process protections required before removing individuals to countries with which they have no connection.
Human rights advocates have characterized the administration’s approach critically, with organizations including Refugees International and Human Rights First noting concerns about migrants sent to countries described as dangerous or experiencing crises, including the Central African Republic and South Sudan. Critics have described the policy as problematic and said affected immigrants face precarious circumstances.
Administration officials have defended the practice, with DHS General Counsel James Percival stating that the policy addresses the challenge of individuals unable to be returned to their home countries, and characterizing alternative approaches as the actual problem requiring resolution.
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