At Campos Law Firm, we closely monitor developments in U.S. immigration policy to protect our clients’ rights and future. On Thursday, September 24, 2026, the federal government filed an emergency application with the Supreme Court seeking to keep deporting people to countries that are not their own without the safeguards lower courts have required.
The filing does not mean the Supreme Court has approved anything; the justices have not ruled yet. Here is what we know, what we do not, and what you can do.
What is happening?
The case began in Boston. U.S. District Judge Brian Murphy found that the Department of Homeland Security (DHS) policy for sending people to third countries was unlawful, and ordered that each transfer be preceded by effective notice of the destination and a meaningful opportunity to object for anyone who fears persecution or torture there.
On September 18, the First Circuit Court of Appeals unanimously upheld that decision. Writing for the panel, Judge Seth Aframe said the right to contest removal based on fear of persecution “means little if one does not receive prior notice” and a chance to raise it.
On the night of Wednesday, September 23, the same court lifted the stay that had allowed flights to continue. According to AP, a flight scheduled to leave Alexandria, Louisiana, with 70 people bound for Burundi, Rwanda, and the Central African Republic was canceled minutes before midnight.
What is the government asking for, and what is still undecided?
Solicitor General D. John Sauer asked the Supreme Court to pause the judgment while the government continues its appeal, arguing the safeguards would cause “unreasonable delays” and force the renegotiation of agreements with other countries. Attorney General Todd Blanche said the order, issued “in the dark of night,” took away “an entirely legal and valuable tool.”
According to DHS, as cited by AP, about 25,000 people have been deported to third countries under the program. Mexico receives the majority, but agreements cover more than two dozen nations. The Justice Department says roughly 220 removals have already been canceled because of the restrictions.
Justice Ketanji Brown Jackson, who handles emergency matters from the First Circuit, did not grant the immediate pause the government requested and gave the immigrants’ lawyers until 4 p.m. on Monday, September 28, to respond. The full Court may then take up the request.
Does this mean I can no longer be sent to a third country?
No, and that is the most important point in this story. The ruling does not ban third-country deportations. It requires that they be carried out with notice and a real opportunity to object to the destination.
Context matters here, too. The law allows the government to designate another country when removal to the country of origin is not possible. And protections such as withholding of removal or relief under the Convention Against Torture (CAT) shield you from one specific country, not from every destination. That is why the real dispute is about how much time, and what kind of opportunity, you get to say “I fear for my life in that country.” ICE policy in place since 2025 generally calls for waiting at least 24 hours before carrying out these transfers.
Finally, the situation is temporary. In June 2025, the Supreme Court stayed an earlier order from the same judge, and flights resumed. What applies today could change within days.
What can you do now?
- If you have a final order of removal: review with an attorney which protections you hold and as to which country, because that distinction shapes your defense if a third destination comes up.
- If you are notified of a country that is not your own: state immediately, in writing if possible, any fear of persecution or torture there, and ask to speak with your attorney.
- Do not sign anything you do not understand: a voluntary departure or waiver signed under pressure can close options that were still open.
- Keep your file within reach: your A-number, prior decisions, and your attorney’s contact information. In these cases, time is measured in hours.
- Watch the calendar: the response at the Supreme Court is due September 28, and any ruling after that can change the picture.
Protect Your Immigration Status with Campos Law Firm
When the difference between staying and being sent to an unfamiliar country can come down to 24 hours’ notice, preparation is your best defense. Our team reviews your file, identifies the protections you already have and those you may still pursue, and acts quickly if a third country appears in your case. We do not make unrealistic promises. We provide serious legal representation backed by preparation and integrity.
Do not leave your immigration status to chance. Call us today at +1 (844) 922-6767 to schedule a free, confidential consultation in English or Spanish. Campos Law Firm: Legal Solutions in All Areas of Law.
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