The Supreme Court is set to revisit the legality of the federal government’s authority to deport migrants to nations where they lack connections, as outlined in Department of Homeland Security v. D.V.D., with oral arguments scheduled for December 9. This marks the third time the justices will examine the matter, though their focus appears poised on a procedural question: whether courts retain the power to compel the government to allow migrants to argue that forced removal could expose them to near-certain harm.
The Immigration and Nationality Act allows for third-country removals under specific conditions. After an immigration judge orders a migrant’s removal, officials must first try to send the person to their chosen country, country of citizenship, or last place of residence. If none of those countries will take the migrant, officials may send them to another willing country, provided they are not sent to a nation where they would likely face persecution or torture.
