President Donald Trump’s administration asked the U.S. Supreme Court on Thursday to allow it to continue deporting migrants to countries other than their homelands without automatically giving them an opportunity to raise fears of persecution or torture.
The emergency request seeks to pause a ruling by U.S. District Judge Brian Murphy in Boston that found the Department of Homeland Security’s third-country deportation policy unlawful while the administration pursues its Supreme Court appeal.
The legal battle intensified after the 1st U.S. Circuit Court of Appeals largely upheld Murphy’s decision on September 18. The appeals court concluded that migrants facing removal to third countries must receive meaningful notice and an opportunity to challenge deportation based on risks of persecution or torture.
More than 25,000 migrants have been deported to third countries since the policy was introduced in 2025, according to public records cited by the Washington Post. Mexico has received a large share, while removals have also involved countries including South Sudan, Uganda, Liberia, Equatorial Guinea and the Central African Republic.
The Justice Department argued that the lower-court rulings interfere with what it considers an important mechanism for removing migrants whose home countries will not accept them. Officials also said planned deportation flights have been canceled and warned that restrictions could complicate diplomatic agreements with receiving countries.
The dispute began after immigrant rights groups sued on behalf of migrants facing removal to nations not listed in their original deportation orders. Murphy ruled in February that DHS must provide meaningful notice and an opportunity to raise country-specific safety claims before removal. His final judgment also set aside the government’s third-country removal guidance as unlawful.
The Supreme Court had previously allowed the administration to resume such removals while the litigation continued. The latest emergency application puts the contentious immigration policy back before the justices as the Trump administration seeks to preserve a major component of its broader deportation strategy.


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