Summary: On September 29, 2026, the U.S. Supreme Court paused a federal court judgment that had blocked the Department of Homeland Security’s (DHS) policy on deporting people to “third countries,” and agreed to decide the case on the merits. The case, DHS v. D.V.D. (No. 26-426), is set for argument on December 9, 2026.
What happened
A “third-country removal” sends a person with a final removal order to a country other than the one named in the order. Under the DHS policy, as the government describes it, if a third country has given credible diplomatic assurances that it will not persecute or torture people sent there, DHS may remove the person promptly; without such assurances, the person receives notice and a chance to raise a fear of persecution or torture.
On February 25, 2026, the U.S. District Court for the District of Massachusetts entered a final judgment in a class action. According to the class members’ filing, the judgment declared that they have a right to meaningful notice and an opportunity to be heard on withholding of removal or Convention Against Torture (CAT) claims before removal to any third country, and set aside the DHS policy. The U.S. Court of Appeals for the First Circuit affirmed on September 18, 2026, and then lifted its own earlier stay.
The government asked the Supreme Court for emergency relief on September 24. Five days later, the Court granted the stay, treated the application as a petition for review, and granted it. Justices Sotomayor, Kagan and Jackson would have denied the stay. The order did not include an explanation. The Court asked the parties to address:
- whether the district court had jurisdiction over the claims;
- whether it could grant classwide declaratory relief and set aside the policy under 8 U.S.C. § 1252(f)(1); and
- whether the third-country removal guidance is unlawful under 8 U.S.C. § 1231(b), the Due Process Clause, or CAT and its regulations.
The stay lasts until the Court issues its final judgment. This is the third time the government has sought emergency relief in this case; the Court also stayed an earlier preliminary injunction in June 2025.
Who is affected
The order affects people with final removal orders whom DHS seeks to send to a country other than their own or the one listed in their order. The government says it has removed thousands of people to third countries and that thousands more are eligible. The class members say people removed without meaningful notice have faced detention, violence and onward removal to countries where the United States had already protected them.
What it means
For now, DHS may continue third-country removals under its policy while the case proceeds. The Court has not decided whether the policy is lawful. Briefing is due between October 23 and December 1, with argument on December 9. Any final ruling could shape what notice and opportunity to raise fear-based protection claims people receive before a third-country removal.
Source: Supreme Court of the United States – Docket No. 26-426 (Application 26A406), DHS v. D.V.D., order of September 29, 2026 (published September 29, 2026)
Wondering how this affects you or your family? Every case is different. Schedule a consultation with Attorney James Betzold, by phone or video, or call (833) 847-2335.
This article is a news summary for general information only and is not legal advice. Reading it does not create an attorney-client relationship. Immigration law changes often and every case is different; only a legal consultation with Attorney James Betzold can determine how this news applies to you.