SCOTUS Allows DHS to Resume Third-Country Removals Without Advance Notice for Now
In a short unsigned order, the U.S. Supreme Court issued a stay of a district court ruling that barred DHS from sending noncitizens facing deportation to countries where they are not nationals without providing due process protections, including advance written notice and a chance to raise concerns about their safety in that country. The ruling did not address the merits of the case. Justice Sotomayor issued a dissent, joined by Justices Kagan and Jackson. (Department of Homeland Security, et al. v. D.V.D., et al., 6/23/25)
In her dissent, Justice Sotomayor wrote: “In matters of life and death, it is best to proceed with caution. In this case, the Government took the opposite approach… Rather than allowing our lower court colleagues to manage this high-stakes litigation with the care and attention it plainly requires, this Court now intervenes to grant the Government emergency relief from an order it has repeatedly defied. I cannot join so gross an abuse of the Court’s equitable discretion.”