Supreme Court Allows Trump Administration to Continue Third-Country Deportation Policy

The Supreme Court temporarily authorized the Trump administration to persist with its third-country deportation policy. This move comes as the Department of Homeland Security (DHS) seeks to increasingly apply ‘third-country’ removals when a removable alien cannot be sent back to their home country, or if that country refuses reentry. General Counsel James Percival outlines a strategy to utilize dormant immigration authorities.

Percival highlighted the diplomatic challenges involved in third-country removals, stating, “Imagine asking a country to take an alien who isn’t their citizen, and is a rapist.” Such requests require extensive diplomatic efforts.

On Tuesday, the justices stayed a lower court ruling that obstructed DHS’s policy, permitting the administration’s guidelines to persist while the Court reviews the case on its merits. Oral arguments are slated for December, focusing on compliance with federal immigration laws, due process, and torture safeguards. The case primarily challenges the procedures involved rather than DHS’s fundamental authority to execute third-country removals.

Percival points out that laws facilitating these actions exist but have been largely unused. He likened the situation to people handling their authority like fine china, being afraid to use it for fear of losing it.

The third-country provision stems from the 1996 Illegal Immigration Reform and Immigrant Responsibility Act, implemented during President Bill Clinton’s administration.

Percival’s approach has encountered criticism from human rights activists. These critics highlight recent allegations of deportees facing abuse in Equatorial Guinea, under President Teodoro Obiang’s administration. The U.S. has provided $7.5 million to Equatorial Guinea as part of the deportation arrangement.

Percival commented, “I’d prefer living in the United States over Equatorial Guinea too,” noting the challenges faced by deportees.

This detention issue traces back to a 2001 Supreme Court decision involving Kestutis Zadvydas, a stateless resident whom the government sought to deport due to a criminal record. The court ruled six months of detention post-removal as reasonable, after which ongoing detention could be contested if removal isn’t foreseeable.

Percival is advocating publicly through his “Daily Deportee” series on X, showcasing criminal deportees whose home nations won’t accept them.

He stresses the importance of addressing deportation challenges, using examples like Burmese national Kyaw Mya. He also highlights cases where migrants committed violent crimes but were not removed, resulting in potential reoffense.

As DHS aims to leverage resources within the IIRIRA and other laws, Percival points to another option often repeated by Homeland Security Secretary Markwayne Mullin: offering $3,000 and a flight home.

James Percival has a background in handling stories for Fox News, having worked in both New York and Washington bureaus since 2013.