Supreme Court Allows U.S. to Deport Migrants to Countries They've Never Been To

The U.S. Supreme Court has ruled that the federal government may resume deporting migrants to third countries — even if the individuals have never lived in or have any ties to those countries. The decision could have serious consequences for thousands of immigrants who have lived in the U.S. for decades under final removal orders.

What the Court Decided

On June 23, 2025, the Court issued an emergency order lifting a lower court’s injunction that had blocked the deportation of noncitizens to third countries without advance notice or an opportunity to challenge the removal. The decision came without explanation from the majority.

The policy at issue allows Immigration and Customs Enforcement (ICE) to deport individuals to any country willing to accept them, regardless of whether the person is a citizen of that country or has ever lived there. In dissent, Justice Sonia Sotomayor warned that the decision “invites chaos and undermines the rule of law.” She added:

“The Government openly flouted two court orders, placing noncitizens at risk of removal to countries where they may be tortured or killed.”

Impact on Vietnamese Immigrants

Since the 1990s, thousands of Vietnamese immigrants who arrived in the U.S. as refugees or lawful permanent residents have received final removal orders, often related to past criminal convictions. However, many were not deported because the Vietnamese government refused to accept their return, especially for those who arrived before diplomatic relations were normalized in 1995.

A 2008 repatriation agreement between the U.S. and Vietnam generally protected individuals who entered the U.S. before July 12, 1995. But legal experts note that the Vietnamese government’s cooperation with U.S. immigration enforcement has increased in recent years. Some individuals who were previously considered undeportable have already been placed in removal proceedings again.

With the Supreme Court’s latest decision, immigration authorities may attempt to deport these individuals to Vietnam — or to a third country willing to accept them — if Vietnam continues to refuse repatriation.

Legal experts warn that this opens a new path for removals of individuals who had long assumed they were no longer at risk, especially those who have lived in the U.S. for decades and have family, work, and community ties here.

Broader Concerns

Advocates and human rights organizations have condemned the ruling, arguing that third-country deportations may violate international treaties, including the U.N. Convention Against Torture. There are reports that the U.S. has considered deporting migrants to countries such as South Sudan, Libya, and El Salvador — all places with documented instability and human rights concerns.

The ruling applies to any noncitizen with a final order of removal, including:

• Lawful permanent residents with past criminal convictions

• Refugees whose asylum claims were denied

• Immigrants who overstayed visas and lost appeals

In some cases, the government has reportedly considered deporting individuals to countries like South Sudan, El Salvador, or even Libya, raising concerns from international human rights groups.

What You Should Know

Tran Flores Law urges immigrants who may be affected to take action immediately. If you or a loved one:

• Have a past criminal record

• Have a final order of removal

• Previously believed you were not deportable because Vietnam refused to take you back

You may now be at risk. There are still legal options, including stay of removal, motions to reopen, adjustment of status through family members, post-conviction relief, and protection under the Convention Against Torture, but timing is critical.

We Can Help

Tran Flores Law has years of experience assisting the immigrant community with complex immigration cases. We offer legal services in English and Vietnamese and understand the cultural and legal challenges many families face. We are here to help you assess your options or refer you to qualified removal defense attorneys when needed.

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