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United States · Justice and immigration

Supreme Court temporarily allows deportations to third countries to resume

The September 29 stay remains temporary; the schedule set on October 1 provides for arguments on December 9.

Facade of the U.S. Supreme Court
The U.S. Supreme Court in Washington in March 2007. Archive photograph. Kjetil Ree · CC BY-SA 3.0 · Image resized; cropped for display.

Carried forward 2026-10-04. September 29 stay; hearing scheduled on October 1 for December 9.

The U.S. Supreme Court granted a stay on September 29 in DHS v. D.V.D. It pauses the February 25 order and judgment of a federal district court in Massachusetts and agrees to review the case. [1]

An immediate effect

According to Associated Press, the measure allows the Trump administration to resume some rapid deportations to countries other than people’s countries of origin. It temporarily lifts lower court requirements allowing them to challenge that destination. [2]

The merits remain unresolved

The schedule set on October 1 provides for arguments on December 9, 2026. The questions before the Court include the lower court’s authority and the policy’s legality. Sonia Sotomayor, Elena Kagan and Ketanji Brown Jackson would have denied the stay. [1]

AP notes that affected people may have no ties to the destination country. Temporarily allowing these deportations to resume therefore does not settle the challenges over procedural safeguards that the Court still has to consider. [2]

Perspectives compared

Procedure
Supreme Court

The stay precedes review on the merits. [1]

Consequences
Associated Press

Affected deportations can resume during that review. [2]

Disagreement
Supreme Court

Three justices would have denied the stay. [1]

Sources and documents