Supreme Court Quickly Stays Third-Country Removal Injunction After Reply
The Supreme Court stayed a removal injunction 40 minutes after receiving the government reply brief.
Why it matters: For in-house and law firm lawyers, the Court’s rapid ruling highlights the need to prepare for swift emergency decisions that can alter case strategies and policy execution timelines in immigration litigation.
- Stay issued on September 29, 2026, allowed resumption of deportations under Trump-era third-country policy.
- About 25,000 migrants have been deported to 24+ countries, including Mexico, Liberia, and Guyana.
- The stay was granted by a 6-3 vote; Justices Sotomayor, Kagan, and Jackson dissented.
- Oral arguments on the policy’s legality are set for December 2026 at the Supreme Court.
On September 29, 2026, the U.S. Supreme Court issued a stay blocking a lower court's injunction against the Trump administration's policy to deport migrants to third countries. Remarkably, this happened just 40 minutes after the government filed its reply brief, showing swift court action on emergency motions.
This third-country removal policy has resulted in the deportation of roughly 25,000 undocumented migrants to more than two dozen countries, including Mexico, Liberia, and Guyana. The policy remains under Supreme Court review for legality. Deportations resumed as a result of the stay.
The Court’s 6-3 vote to grant the stay involved dissent from Justices Sotomayor, Kagan, and Jackson, illustrating ongoing disagreement about the policy’s judicial acceptability. The substantive legal questions will be addressed during oral arguments scheduled for December 2026.
Constitutional law professor Josh Blackman commented publicly, "The Justices did not need all of the briefing to grant this stay. The die was cast as soon as the application was filed." This suggests the Court anticipated swift intervention well before the reply brief, demonstrating operational agility that can affect future emergency litigation tactics.
For legal departments and law firms managing immigration or policy-related litigation, the case underscores the importance of preparing for expedited judicial decisions, where courts may act rapidly on stays and injunctions. This shift could influence strategic planning, briefing schedules, and client counseling on procedural risks.
By the numbers:
- 40 minutes — time from government reply brief to Supreme Court stay order on September 29, 2026
- 25,000 migrants — estimated deportations under the third-country removal policy
- 6-3 vote — Supreme Court division on staying the injunction
Yes, but: While the stay allows deportations to proceed temporarily, the upcoming December 2026 oral arguments mean the policy’s ultimate legality remains unresolved, keeping litigation risks alive.
What's next: The Supreme Court will hear oral arguments on the third-country removal policy in December 2026, which will provide a fuller assessment of its legal validity.