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Trump Administration Seeks Emergency Supreme Court Stay After 1st Circuit Halts Third-Country Deportations

On Thursday, the Trump administration asked the U.S. Supreme Court for an emergency stay to revive its policy of deporting migrants to third countries after the 1st Circuit suspended those flights.[1]

The 1st Circuit's late-night clarification forced cancellation of a flight from Alexandria, Louisiana that had been scheduled to carry about 70 people to Burundi, Rwanda and the Central African Republic.[1] Attorney General Todd Blanche condemned the order as issued "in the dark of night" and said it stripped away an "entirely legal and valuable tool" to curb illegal immigration.[1] The administration said the appeals court's ruling does not ban third-country deportations but requires migrants be given a meaningful chance to object, a step officials say will cause cascading delays.[1]

Late on Wednesday, September 23, 2026, the 1st U.S. Circuit Court of Appeals issued a near-midnight clarification saying its prior order allowing third-country deportation flights to continue was no longer in effect.[1] The 1st Circuit's underlying ruling requires that migrants be given a meaningful chance to object if they fear persecution or torture, rather than banning third-country removals outright.[1] Beyond removals to Mexico, the administration has relied on secret or little-known agreements to deport thousands of people to more than two dozen other countries, including Liberia and Guyana.[1]

Lawyers for two men deported to Equatorial Guinea this month said the men were beaten and held at gunpoint in a hotel-turned-detention center where local police covered their heads with bags.[1] After the appeals court clarification, the administration asked the Supreme Court to restore the policy and revive flights as swiftly as possible.[2]

  1. PBS
  2. CBS News
Immigration & Demographic Change Courts and Legal Actions Trump Administration Policy Courts and Immigration Policy
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📌 Key Facts

  • Late on Wednesday, September 23, 2026, the 1st U.S. Circuit Court of Appeals issued a near‑midnight clarification saying its prior order allowing third‑country deportation flights to continue was no longer in effect and its underlying ruling requires migrants be given a meaningful chance to object if they fear persecution or torture — a ruling that does not ban third‑country deportations but, the administration says, will cause cascading delays.
  • The 1st Circuit action forced the cancellation of a deportation flight scheduled from Alexandria, Louisiana that was to carry about 70 people to countries plaintiffs identified as Burundi, Rwanda and the Central African Republic.
  • Attorney General Todd Blanche publicly condemned the 1st Circuit order as issued "in the dark of night," saying it removed an "entirely legal and valuable tool" to curb illegal immigration.
  • The article reports that, beyond removals to Mexico, the Trump administration has used secret or little‑known agreements to deport thousands of people to more than two dozen other countries, including Liberia and Guyana.
  • Lawyers for two men deported to Equatorial Guinea this month alleged the men were beaten and held at gunpoint in a hotel‑turned‑detention center by local police who covered their heads with bags.

📰 Source Timeline (2)

Follow how coverage of this story developed over time

September 25, 2026
12:58 AM
Trump administration appeals to Supreme Court as 3rd-country deportations are thrown into question
PBS News by Lindsay Whitehurst, Associated Press
New information:
  • Late on Wednesday, September 23, 2026, the 1st U.S. Circuit Court of Appeals issued a near-midnight clarification saying its prior order allowing third-country deportation flights to continue was no longer in effect.
  • The 1st Circuit action forced the cancellation of a deportation flight scheduled from Alexandria, Louisiana, that was to carry 70 people to three countries, which plaintiffs said were Burundi, Rwanda and the Central African Republic.
  • Attorney General Todd Blanche publicly condemned the 1st Circuit order as issued "in the dark of night" and said it removed an "entirely legal and valuable tool" to curb illegal immigration.
  • The article details that, beyond removals to Mexico, the Trump administration has used secret or little-known agreements to deport thousands of people to more than two dozen other countries, including Liberia and Guyana.
  • Lawyers for two men deported to Equatorial Guinea this month alleged the men were beaten and held at gunpoint in a hotel-turned-detention center by local police who covered their heads with bags.
  • The piece reiterates that the appeals court's underlying ruling does not ban third-country deportations but requires that migrants have a meaningful chance to object if they fear persecution or torture, a process the administration says will cause cascading delays.