The Trump administration faces competing legal pressures: ongoing court battles over its third-country deportation program while simultaneously abandoning expensive lawsuits elsewhere. The administration has signed third-country deportation agreements with six countries where transfers remain pending implementation, and the Supreme Court cleared a major legal hurdle in September 2026, allowing third-country deportations to resume, though constitutional challenges remain unresolved.
Simultaneously, the administration has dropped other litigation. It abandoned its $10 billion lawsuit against the IRS and Treasury Department in September 2026 and dropped four separate suits against law firms—Perkins Coie, WilmerHale, Jenner & Block, and Susman Godfrey—after federal judges ruled against attempts to restrict their practice. These parallel tracks—pressing forward on immigration enforcement while retreating on other legal fronts—define the current landscape.
Table of Contents
- Which countries have pending third-country agreements
- What the Supreme Court decision allows—and what's still disputed
- Why the administration dropped its law firm lawsuits
- The $10 billion IRS lawsuit that ended abruptly
- Tariff disputes affecting 86 countries
- Frequently Asked Questions
Which countries have pending third-country agreements
The administration has signed third-country deportation agreements with six additional countries—Antigua and Barbuda, Bahamas, Cabo Verde, Dominican Republic, Grenada, and Jamaica—where transfers have not yet been implemented. These agreements represent a framework for future deportations but remain operationally untested. The practical timeline for implementation depends partly on the December Supreme Court oral arguments.
If the Court rules fully in the administration's favor, these six nations could begin receiving deportees immediately. If the Court imposes new procedural requirements, the agreements may need revision.
What the Supreme Court decision allows—and what's still disputed
The Supreme Court allowed third-country deportations to resume on September 29, 2026, overturning lower court orders that had required immigrants receive meaningful notice and opportunity to object. This decision accelerated a program already in motion: over 25,000 third-country nationals have already been deported to at least 28 to 29 countries, with approximately 20,000 sent to Mexico. The legal fight remains unfinished. Oral arguments are scheduled for December 2026 to resolve cardinal issues: whether courts can intervene in third-country deportation claims and whether the guidelines comply with federal law, due process, and the Convention Against Torture. The September ruling was temporary—a green light to continue enforcement while the Court examines the program's constitutionality.
Why the administration dropped its law firm lawsuits
The administration abandoned four separate legal efforts to restrict how immigrant defense attorneys operate. In March 2026, it dropped suits against Perkins Coie, WilmerHale, Jenner & Block, and Susman Godfrey after federal judges ruled against the administration's attempts to restrict their federal access. These law firms had successfully defended immigrants and asylum seekers despite efforts to limit their practice before federal agencies.
The retreat suggests the administration recognized these cases faced unfavorable precedent or weak legal footing. Dropping the suits rather than appealing allowed the administration to redirect legal resources.
The $10 billion IRS lawsuit that ended abruptly
President Trump ended his $10 billion lawsuit against the IRS and Department of Treasury in September 2026 by filing notice of voluntary dismissal, two days before a court-mandated deadline. The sudden abandonment of litigation the administration had pursued for years raises questions about settlement negotiations or recognition that the claim faced steep odds. The timing—just before a deadline—suggests a strategic decision rather than a negotiated resolution.
Tariff disputes affecting 86 countries
Beyond immigration enforcement, the Trump administration is facing tariff-related legal challenges in federal court affecting 86 countries, with judges hearing arguments that the administration's "Section 301" tariffs of 10-12.5% overstep federal law. These cases test whether the administration exceeded its authority in imposing unilateral tariffs and will likely reach appellate courts and potentially the Supreme Court.
Frequently Asked Questions
Can people deported to third countries appeal the decision?
The Supreme Court's September ruling overturned lower court orders requiring immigrants receive meaningful notice and opportunity to object. The December oral arguments will examine whether courts can intervene in these cases and what procedural rights apply.
Why did the Trump administration drop the law firm lawsuits?
Federal judges had ruled against the administration's attempts to restrict the firms' access to federal practice. Dropping the suits avoided losing appeals and allowed resource reallocation.
What happens if the Supreme Court rules against the third-country program in December?
The ruling would determine whether the administration can continue deporting people to countries where they haven't applied for refuge or how much process they receive before removal.