Why It Matters
The Trump administration's policy of removing noncitizens to third countries remains in effect after the Supreme Court granted review, stayed a lower-court ruling that had vacated the policy, and scheduled oral argument for Dec. 9.
According to a new Congressional Research Service (CRS) report, advocacy groups Refugees International and Human Rights First estimate that more than 25,000 individuals have been removed to third countries as of September 2026, under agreements with more than 30 countries, while the Department of Homeland Security (DHS) has not made public any data on the total number of agreements or transfers.
The CRS report notes that current use of this authority "substantially outpaces past practices."
The Big Picture
President Trump's January 2025 executive order "Securing Our Borders" directed the Secretary of State to coordinate with the Attorney General and DHS Secretary to pursue additional international cooperation, including safe-third-country agreements.
In February 2025, DHS issued internal guidance identifying categories of noncitizens with final removal orders to consider for third-country removal, including those who qualified for withholding of removal or Convention Against Torture (CAT) protection and those previously released from Immigration and Customs Enforcement (ICE) custody.
The July 2025 ICE memorandum specifies that when the State Department finds diplomatic assurances credible, a noncitizen may be removed without further procedures; when assurances are absent or not credible, ICE must issue a Notice of Removal and generally wait 24 hours before proceeding. A noncitizen must affirmatively express fear to trigger a U.S. Citizenship and Immigration Services screening for withholding of removal and CAT protection.
A federal district court issued a preliminary injunction in March 2025 requiring written notice and a meaningful opportunity to raise CAT claims, but the Supreme Court stayed that injunction in June 2025, enabling DHS to resume removals. In February, the district court dissolved the injunction and vacated DHS's policy, and the First Circuit stayed that decision pending appeal before largely affirming the judgment.
The Trump administration has justified third-country removals as a national security and enforcement tool, particularly for noncitizens with criminal records who cannot be removed to their home countries. Critics say noncitizens receive inadequate notice and have faced human rights abuses in destination countries.
The Bottom Line
The Supreme Court's grant of review and stay in Department of Homeland Security v. D.V.D., No. 26-426, allows third-country removals to continue while the justices consider the underlying legal questions. The respondents' brief is due Nov. 16 and the reply Dec. 1, ahead of the Dec. 9 oral argument.
Congress may wish to consider options ranging from codifying the July 2025 ICE memorandum to requiring additional procedural protections or mandating congressional reporting on third-country agreements.
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