The Supreme Court on Tuesday allowed the Trump administration to resume, for now, deporting migrants to countries that are not named in their removal orders.
The big picture: The brief order gave no reasoning. The court will hear full arguments in December on whether the policy is legal, whether it violates due process or anti-torture conventions, and whether lower courts had the power to issue nationwide relief.
- The administration says it has used third-country removals to send tens of thousands of noncitizens to Mexico and to countries in Africa and Latin America after their home countries refused to take them. Solicitor General John Sauer called it "an essential tool" for removing serious criminals.
Yes, but: Lawyers for the migrants told the court that people removed without meaningful notice have faced prolonged detention, beatings, sexual assault and disappearance, harms they say "cannot be undone." US District Judge Brian Murphy had blocked the policy on due process grounds.
- This is the third time the justices have overridden Murphy on these deportations. The conservative majority has repeatedly sided with the president on border authority, including a 6-3 ruling last summer on ending temporary protected status.
Why it matters: The policy keeps running for at least three more months before the court rules on the merits, so the practical outcome for people in removal proceedings is decided now. December's argument will also test how far district judges can go in issuing nationwide orders.
