Migrants deported from the United States get off an airliner at the runway of the Juan Santamaria International Airport in Alajuela, Costa Rica, on April 11. (Ezequiel Becerra – AFP / Getty Images)
By Nick Givas September 30, 2026 at 5:23pm
The Supreme Court agreed to hear oral arguments in December regarding the federal government’s authority to deport illegal aliens to Third World countries.
The high court’s unsigned order will allow the federal government to resume its deportation practice until the justices hear the case later this year, SCOTUS Blog reported Tuesday.
The liberal justices, Sonia Sotomayor, Elena Kagan, and Ketanji Brown Jackson, would have rejected the Trump administration’s request and kept the deportations on hold.
“The application for stay presented to Justice Jackson and by her referred to the Court is granted,” the order read.
It also outlined the main questions to be addressed, such as whether the district court had jurisdiction when it ruled against the Trump administration and whether the “Government’s Guidance on third-country removals is unlawful.”
U.S. officials said the lower court’s order caused the cancellation of a deportation flight for nearly 70 people headed to three different countries, according to the Associated Press.
The conservative supermajority has previously ruled in favor of the Trump administration on similar cases using emergency orders, which kept the deportations going.
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Now that the lower courts have finished their examination of such cases, the justices are expected to make a final ruling on the matter.
A Reuters report said the high court granted an emergency request from the Department of Justice to freeze a ruling from Boston-based U.S. District Judge Brian Murphy, who ruled that the Department of Homeland Security’s policy is illegal.
Murphy’s ruling was the result of a class-action lawsuit filed by immigrant advocacy groups on behalf of those looking to avoid deportation.
Over 25,000 illegal immigrants have reportedly been deported to 29 countries under this practice, with the majority ending up in Mexico. Third-country deportations are arranged when the immigrant cannot be returned to his own country.
Attorney General Todd Blanche posted on social media about the case, doubling down on the legality of the administration’s immigration enforcement tactic.
“Now for the second time, SCOTUS just granted our stay in conducting all third-country removals of illegal aliens,” he wrote on Tuesday.
Now for the second time, SCOTUS just granted our stay in conducting all third-country removals of illegal aliens. Again, this is entirely lawful and a critical tool for immigration enforcement. Unlike the lower court, SCOTUS waited to hear from both sides before making the… https://t.co/xQWiKnxNzm pic.twitter.com/husJQ2nUSd
— Attorney General Todd Blanche (@AGToddBlanche) September 29, 2026
“Again, this is entirely lawful and a critical tool for immigration enforcement,” Blanche explained. “Unlike the lower court, SCOTUS waited to hear from both sides before making the decision.”
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Nick Givas has been a reporter for The Daily Caller, Fox News, and served as Managing Editor of the Newsroom at Project Veritas. He’s also hosted three different podcasts, served as a Congressional Communications Director, and had his work featured in The Federalist, Daily Signal, New York Post, and Real Clear Politics.
