“SCOTUS won't restore policy that lets immigration judges close deportation cases”, 27 October 2026 (Photo via ABC News — the original report)
As it ran on the front
All together now — read what that order actually does, clause by clause. First: a judge may not pause a deportation while its appeal is still pending. Second: the rule that let immigration judges administratively close a deportation case — frozen since the Trump administration declined to defend it in June — stays frozen. Third: the application three Democrat-led cities filed October 15, asking the Court to halt the Justice Department's deal with Texas, is denied. Three cities asked. The Court said no to all three.
The order never calls the underlying policy lawful. An unsigned order rarely does. It only declines, in the same breath, to be the reason any of it stops.…
…(cont) This is not the first time this fall the Court has made that exact move. On September 24, Attorney General Todd Blanche said the administration would appeal after the 1st Circuit dissolved a stay and let stand a ruling against the government's third-country deportation framework. Five days later, on September 29, the Supreme Court granted that appeal, 6 to 3, staying the lower court, clearing the government to resume sending people to countries that are not theirs, and setting oral argument for December. The justices did not rule on the legality of the policy then either. They just let it run.
What "let it run" means showed up on 60 Minutes on October 23: immigration judges had already ruled, case by case, that specific people could not be sent to specific countries because they would likely face persecution or torture there. The third countries took them anyway. Some forced the deportees back out, into the nations the judges had already ruled against.
That is the pattern under Tuesday's order. The Court does not need to decide a case is right. It only needs to decline, again and again, to decide it is wrong before the removal happens. By the time December's argument arrives and the justices finally reach the merits of the third-country framework, the people that finding was written to protect will already be wherever the deal sent them. The docket stays open. The door, as of Tuesday, does not.
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“They didn't need to win the case, they needed the courts to stay quiet long enough for the removals to finish first — that's the whole move. The Justice Department sues its own rule, hands Texas the win in a deal its opponents call collusion, and three cities asking for a timeout get the same one-word answer three times. By the time anybody with a robe looks at whether any of this was legal, the people it was supposed to protect are already wherever the deal sent them.”
“This is the Court simply respecting a consent judgment two parties reached in good faith — a deal's a deal. Sure, the Justice Department sued its own rule and then declined to defend it in court, but that's not collusion, that's efficient litigation. Did I say that? That doesn't sound like me.”
The U.S. Supreme Court on Tuesday declined to restore a Biden-era regulation allowing for certain deportation proceedings to be temporarily paused. The decision was seemingly unanimous.
Republicans' reconciliation package puts $70 billion into ICE's department NBC News, May 2026
As the Trump administration seeks to carry out the largest deportation in American history, it is removing more and more people to countries they are not from and often have no ties to. It's called "third-country deportation." A 60 Minutes investigation reveals how some of these third countries are forcing deportees back to the nations…
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