Third Country Removals Due Process Revoked by Supreme Court

Third country removals don’t need to be heard before a U.S. court before they happen, per a Supreme court decision. Individuals removed can be sent to countries agreeing to take U.S. removals. to take them. Removed individuals can’t request a specific country.

The current administration instructed immigration authorities to send individuals to third countries to streamline the removal process. Libya, South Sudan, El Salvador have already made agreements with the U.S. to receive these removals. However, the State Department advises U.S. citizens to not travel to these countries due to safety concerns.

A district judge issued a nationwide temporary restraining order (TRO) on third country removals without due process in March, 2025. Individuals had to be notified at least ten days prior to detainment that they were going to be removed. Further, immigration officials had to hear objections from those being removed due to safety concerns.

The government can now remove undocumented migrants to countries South Sudan, El Salvador, and Libya, without notifying them or giving them a chance to dispute their removal. Nonlegal residents were originally removed to their country of origin after standing trial in immigration court. This finding marks the eleventh time SCOTUS sided with the government in the past two months.

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