So it looks like SCOTUS is looking at this issue, again. The lower courts are split on whether you can deport an illegal to a third party country. SCOTUS looked at procedural stuff twice before. Now they take on the issue of sending immigrants to say Yemen. (This is not exactly like Slow Horses where the British security services send undesirable citizens off to Russia).
The attached article suggests that the court is looking at this as a purely technical issue of the executive branches' power vs right of the courts to intercede. What this means is that the concept that the deportee can argue about either the physical or financial damage of being deported to a third part country is not under consideration. They can't. It really comes down to a Constitutional matter of the scope of executive power.
The law requires and immigration courts (which exist in the Executive Branch) are following an order of deportation, which is return the deportee to the country of origin or a country they select first. There are about 20,000 deportees whose country of origin will not accept them back, primarily Mexico (Mexico who has become fairly anti-immigrants due to immigration from other south American countries and its efforts to have a strong relationship with the US) and many of the deportees also are undesirable. The other country the deportees pick also don't want them, as they are either undesirable or the other county simply doesn't want immigrants. The US immigration court answer is to then ship them to some countries no one wants to go to. I'm not sure what the answer is if SCOTUS says you can't do that.
https://www.scotusblog.com/2026/10/the-courts-third-country-removal-case-has-high-stakes-but-will-likely-be-decided-on-technical-gr/
The attached article suggests that the court is looking at this as a purely technical issue of the executive branches' power vs right of the courts to intercede. What this means is that the concept that the deportee can argue about either the physical or financial damage of being deported to a third part country is not under consideration. They can't. It really comes down to a Constitutional matter of the scope of executive power.
The law requires and immigration courts (which exist in the Executive Branch) are following an order of deportation, which is return the deportee to the country of origin or a country they select first. There are about 20,000 deportees whose country of origin will not accept them back, primarily Mexico (Mexico who has become fairly anti-immigrants due to immigration from other south American countries and its efforts to have a strong relationship with the US) and many of the deportees also are undesirable. The other country the deportees pick also don't want them, as they are either undesirable or the other county simply doesn't want immigrants. The US immigration court answer is to then ship them to some countries no one wants to go to. I'm not sure what the answer is if SCOTUS says you can't do that.
https://www.scotusblog.com/2026/10/the-courts-third-country-removal-case-has-high-stakes-but-will-likely-be-decided-on-technical-gr/
