The Supreme Court of the United States begins this Monday a new judicial term with several cases that directly affect the policies of the Donald Trump Administration. Among the issues that will reach the high court are the detention of immigrants without a hearing to request bail and deportations to third countries.
The controversy revolves around the interpretation of federal immigration laws and which individuals may be subjected to mandatory detention during expulsion proceedings. Federal appellate courts have issued rulings contrary to the interpretation defended by the Government.
The litigation also raises a relevant procedural question: whether the legislation allows the Executive to keep certain immigrants in custody without an immigration judge examining whether they should remain detained or can be released. The Supreme Court will have to determine the scope of those powers.
The court has also opened the door to review the policy of deportations to third countries. On September 29, it temporarily allowed the Administration to resume those expulsions while the litigation continues and agreed to examine the case during the December session.
The file raises whether the guidelines of the Department of Homeland Security regarding these deportations are compatible with federal legislation and with the protections against persecution and torture. The Supreme Court's own order states that the arguments will be discussed during the December session.
More litigation on the powers of the Presidency
Immigration will not be the only area in which the Supreme Court examines actions of the Administration. The agenda includes other appeals related to the scope of presidential decisions and policies promoted during Trump's second term.
The court begins the term with a majority of six conservative justices versus three progressive justices. During the previous term, it issued relevant rulings on immigration, tariffs, transgender rights, and other initiatives of the Administration, although the outcome of each case depended on the legal question raised.
The official calendar of the Supreme Court states that the new session begins on October 5, 2026. The first oral arguments will take place during the session that starts that day.