Third country removals can happen without detainees having their case being heard before a U.S. court, per a U.S. Supreme court ruling. Individuals removed can be sent to any country willing to accept them, regardless if they have any connection to said country. Removed individuals don’t have the option to request a specific country.
The current administration instructed immigration authorities to increase third country removals to streamline the removal process. Libya, South Sudan, El Salvador have already made deals to receive these removals. However, the State Department advises U.S. citizens to not travel to these countries due to safety concerns.
In March 2025, a district judge issued a nationwide temporary restraining order (TRO) on third country removals without due process. Individuals had to be notified a minimum of ten days prior to detainment that they were going to be removed. Further, immigration officials were required to hear objections from those being removed due to safety concerns. With the SCOTUS ruling, these processes are no longer required.
The government can now remove undocumented migrants to countries South Sudan, El Salvador, and Libya without notifying them or giving them a chance to dispute their removal. Nonlegal residents were traditionally entitled to due process in immigration court and were removed to their country of origin. This finding marks the eleventh time SCOTUS sided with the government in the past two months.
As always, ILBSG actively monitors ongoing U.S. immigration news. If you have questions about any U.S. immigration related issue, contact us. Working with an experienced attorney ensures you get the right advice based on the most recent laws. In an ever-evolving immigration policy landscape, it’s particularly critical.