The Corner

Supreme Court Admonishes District Judge in ‘Third Country’ Removal Case

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Venezuelan migrants react as they wait inside a flight after being deported from the United States, in Caracas, Venezuela, March 24, 2025.

Venezuela’s Interior and Justice Ministry/Handout via Reuters

The Supreme Court has bluntly instructed a Biden-appointed federal district judge in Boston that it meant what it said when it vacated his attempt to write new immigration law under the guise of issuing an injunction against the Trump administration deportation of criminal aliens to “third countries.”

I wrote about the case last weekend. In this context, the term “third countries” refers to countries that removable aliens have neither asked to be deported to nor had prior ties of citizenship, nationality, birthright, residence, or travel. Congress’s immigration laws unambiguously provide that, if deportation to a country to which an alien wishes to be sent or has such prior ties is not practicable (because, for example, such countries refuse to accept the alien or there are fears of persecution), the government may deport to any country that will accept the alien.

Andrew C. McCarthy

About the Author

Andrew C. McCarthy

Andrew C. McCarthy is a senior fellow at National Review Institute, an NR contributing editor, and author of Ball of Collusion: The Plot to Rig an Election and Destroy a Presidency.

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