The Supreme Court on September 29 granted the Department of Homeland Security’s emergency request in D.V.D. v. DHS, staying a February 25 order from the U.S. District Court in Massachusetts. That means the administration may resume its third-country-removal policy while the merits case proceeds. Nothing says careful constitutional adjudication like hitting the gas first and reading the map later.
The Court also agreed to hear the case in its December 2026 argument session. The questions include whether the policy is lawful under immigration law, the Due Process Clause, and protections implementing the Convention Against Torture. Justices Sonia Sotomayor, Elena Kagan, and Ketanji Brown Jackson said they would have denied the stay.
AP reports that the stay temporarily lifts lower-court requirements that migrants get a chance to object before being sent to countries with which they may have no ties. The administration says third-country removals are a necessary enforcement tool; lawyers for the affected migrants say people can face persecution, torture, imprisonment, or other grave danger. So the Massachusetts case gets the emergency-docket treatment, like a proper Italian sub launched out the car window on Route 1: fast, messy, and somebody else gets stuck cleaning it up.
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Featured image: US Supreme Court.JPG by Photo by Mr. Kjetil Ree ., CC BY-SA 3.0, via Wikimedia Commons.
