Eroding due process: A response to the Supreme Court's "Third Country Deportations"
Statement from the Vermont Asylum Assistance Project (VAAP) condemning the Supreme Court ruling in D.V.D. v. Department of Homeland Security
On June 23, 2025, the Supreme Court ruled to allow the U.S. government to deport immigrants to third countries without prior notice or an opportunity to challenge the deportation. The decision overturned a lower court order that had required 15 days' notice before deporting individuals to countries other than their country of origin.
This ruling is part of a disturbing pattern under the Trump Administration that undermines the constitutional right to due process guaranteed by the 14th Amendment to all persons on U.S. soil, regardless of immigration status. Recent actions by the administration have further eroded these protections. For example:
Transferring detainees between states without notifying their families or attorneys, as seen in the disappearance of the Newport 10.
Blatantly defying a federal court order, when Department of Justice (DOJ) officials proceeded with the deportation of immigrants to El Salvador, even after being instructed to keep the plane grounded.
These actions blatantly disregard both the law and the constitutional rights of those detained.
The Human Cost of Removing Notice Protections
The 15 days' notice period was vital. It gave immigrants time to seek legal counsel and present evidence about the extreme and dangerous situations they may face if deported. Without it, immigrants and asylum seekers risk being sent to countries where they have never lived, do not speak the language, have no family or community ties, and face genuine threats to their safety.
A Climate of Fear and Vulnerability
Beyond legal violations, this ruling deepens fear and uncertainty among immigrants. Those who are applying for asylum or patiently waiting for their court dates must now attend ICE check-ins as part of their process.
Immigrants often live in deep fear and uncertainty. Revealing themselves to a system that can abruptly revoke their right is a terrifying risk. They face the possibility of being deported to an unfamiliar country, with little to no meaningful chance to defend themselves. This looming threat forces many into states of extreme anxiety and vulnerability.
While attending routine ICE check-ins is meant to be a part of the process to gain legal status, these individuals now face the additional risk of being sent to countries that they do not call home—potentially never seeing their homes, communities, friends, or family again.
A Dangerous Precedent
The Supreme Court ruling of D.V.D. v. Department of Homeland Security endangers immigrant lives, disregards constitutional protections, and spreads fear among those striving to follow due process. This decision must be reversed to protect the rights and dignity of all people living in the United States.
