The Trump administration will ask the U.S. Supreme Court to allow it to continue rapidly deporting illegal immigrants to third countries following a federal appeals court ruling that restricted the practice.
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Attorney General Todd Blanche announced Thursday that the administration would seek immediate Supreme Court intervention after an appeals court cleared the way for a lower court decision requiring migrants to receive a “meaningful opportunity” to challenge removal to countries other than their nations of origin.
“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,” Blanche wrote on X.
“We will immediately seek relief from the Supreme Court, which previously granted a stay in this very same case,” he added.
The dispute centers on how much notice immigrants must receive before the government sends them to third countries.
A three-judge panel of the 1st U.S. Circuit Court of Appeals ruled last week that immigrants were not receiving adequate notice.
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“An individual’s right to contest removal to a country based on a fear of persecution in that country means little if one does not receive prior notice of the intended removal destination and a meaningful opportunity to contest that destination,” Judge Seth Aframe wrote.
Attorneys representing deported migrants said several third-country removal flights scheduled for Thursday were canceled following the ruling.
The Department of Homeland Security has defended the practice as an “essential public safety tool,” particularly when migrants’ home countries refuse to accept them or other logistical obstacles prevent their return.
Third-country removals predate the Trump administration but have historically been uncommon. The administration has expanded their use as part of its broader immigration enforcement campaign, establishing agreements with nearly three dozen countries to accept certain migrants.
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