The Department of Justice (DOJ) asked the U.S. Supreme Court on Sept. 24 to revive its third-country deportation program that sends deportees to countries that were not named in their removal orders.
The Supreme Court has already ruled in favor of the program twice on its emergency docket.
Following Supreme Court rules, the application is addressed to Justice Ketanji Brown Jackson because she oversees emergency appeals from decisions of the U.S. Court of Appeals for the First Circuit.
However, U.S. Solicitor General D. John Sauer took the unusual step of asking Jackson to refer the stay request to the full court instead of ruling on it herself if she will not freeze the lower court’s order.
Jackson voted against the government both times when the litigation previously came before the high court.
The filing concerns a First Circuit ruling that struck down Department of Homeland Security (DHS) guidance allowing removal based on diplomatic assurances that receiving countries will not persecute or torture people sent to them.
The case is known as DHS v. D.V.D.
This is a developing story and will be updated.
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