Emergency appeal to the Supreme Court

On Thursday, 24 September 2026, the Department of Justice submitted an emergency application asking the Supreme Court to stay an appellate ruling that halted the rapid deportation of migrants to nations where they do not hold citizenship. The filing followed an order by a three-judge panel of the 1st US Circuit Court of Appeals in Boston, which determined that the Department of Homeland Security could not remove noncitizens without granting them an opportunity to contest their transfers. Attorney General Todd Blanche announced the high-court petition and criticized the appellate panel for issuing its order late Wednesday night without granting the government time to reply.

“Without even allowing the government a chance to respond, and in the dark of night, a federal appeals court blocked us from conducting all third-country removals of illegal aliens, an entirely legal and invaluable tool to stem the tide of illegal immigration.”

Disruption to deportation flights

The appeals court decision forced immigration authorities to halt scheduled operations on Thursday. Federal officials removed deportees from flights bound for nations including Costa Rica, Honduras, Burundi, Rwanda, and the Central African Republic. In its application to the Supreme Court, the administration stated that the unexpected reinstatement of the district court order generated logistical difficulties, forced flight cancellations, raised expenses, and risked diplomatic complications. The government had previously relied on a Department of Homeland Security memorandum issued last year, which authorized expulsions without advance notice on the condition that recipient nations provided diplomatic assurances against torture and persecution.

Expansion of third-country agreements

Under President Donald Trump, the administration expanded third-country removals as a core mechanism for mass deportations. James Percival, the general counsel of the Department of Homeland Security, stated that authorities have expelled more than 25,000 migrants to third countries. According to Third Country Deportation Watch, an initiative by Refugees International and Human Rights First, the government has directed flights to at least 29 nations, with Mexico taking in the largest share. The administration has negotiated removal pacts with approximately 35 countries across Latin America, Central Asia, the Caribbean, and Africa, including destinations such as South Sudan and a detention facility in El Salvador.

Due process litigation in federal courts

The dispute stems from a class-action lawsuit filed by four noncitizens facing expulsion orders. In February 2026, US District Judge Brian Murphy in Boston found the third-country removal policy unlawful, ruling that the administration violated constitutional due-process protections by denying migrants adequate notice. While the Supreme Court previously granted a temporary stay during earlier proceedings, the First Circuit panel concluded that migrants must receive a meaningful opportunity to demonstrate a fear of persecution before being sent to countries with which they have no connection. Immigrant advocacy organizations have opposed the policy, stating that deportees face high risks in unstable countries, while the administration maintains the agreements are necessary to remove individuals whose home nations refuse repatriation.