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Federal appeals court blocks Trump third-country deportation policy
A federal appeals court unanimously ruled that the Trump administration's policy allowing rapid deportation of immigrants to third countries without adequate notice violates due process rights. The First Circuit Court of Appeals required the government to give migrants meaningful opportunity to contest removal to nations where they have no ties, striking down a DHS policy that has sent over 25,000 people to at least 29 countries.
Quick Facts
- Federal appeals court ruled against third-country deportation policy
- DHS policy allowed swift deportation to third countries with minimal notice
- Court required migrants be given notice and meaningful opportunity to contest removal
- Policy authorized deportations based on diplomatic assurances alone
- Court upheld lower court finding that policy violates due process
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A federal appeals court ruled Friday that the Trump administration's policy of rapidly deporting immigrants to third countries violates due process rights, striking down a Department of Homeland Security rule that allowed swift removals with minimal notice.
The three-judge panel of the U.S. Court of Appeals for the First Circuit in Boston unanimously upheld a lower court finding that the policy is unlawful. Writing for the panel, Circuit Judge Seth Aframe stated: "An individual's right to contest removal to a country based on a fear of persecution in that country means little if one does not receive prior notice of the intended removal destination and a meaningful opportunity to contest that destination."
The DHS policy, adopted in March 2025, authorized officials to deport migrants to third countries—nations where they have no ties—based on diplomatic assurances from receiving countries that they would not persecute or torture deportees. In some cases, migrants were sent to countries thousands of miles from their origin without notification until hours into their flight. The case originated from a class-action lawsuit by the National Immigration Litigation Alliance challenging the policy's legality.
According to advocacy group Third Country Deportation Watch, the Trump administration has secured agreements with at least 29 to 35 third countries and deported more than 25,000 migrants under this policy, with approximately 80 percent sent to Mexico. Other destinations have included Liberia, Ghana, the Central African Republic, and Sierra Sudan. The U.S. has spent nearly $50 million on these deportation agreements, according to Human Rights First.
The DHS contested the ruling's immediate effect, with General Counsel James Percival stating on X that "the third country deportation policy continues, as the First Circuit's ruling is not currently in effect." The Trump administration is expected to appeal the decision to the Supreme Court, which has previously permitted some third-country deportations to proceed. The case represents a significant legal setback for a core element of the administration's immigration enforcement agenda.
Why This Matters
A federal court has suspended enforcement of a DHS policy that processed over 25,000 deportations to third countries (80% to Mexico, others to Liberia, Ghana, Central African Republic, Sierra Leone) under diplomatic assurances alone. The ruling requires the government to provide advance notice and allow migrants a meaningful hearing before deportation. Affected populations include asylum claimants and immigrants without legal status in the U.S. The Trump administration has invested nearly $50 million in these deportation agreements and plans to appeal to the Supreme Court, which previously permitted some third-country removals. The outcome will determine whether rapid third-country deportations can resume or require procedural changes.
Timeline & Sources
Jan 1, 2025
WireSupreme Court permits deportation of eight men to South Sudan
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Sources
- Appeals court rejects Trump's third-country deportation policy, says detainees are entitled to more due processCBS NewsMediaSep 19, 2026
- US court blocks Trump plan to deport migrants to third countriesAl JazeeraMediaSep 19, 2026
- Appeals court rejects swift deportation of immigrants to third countriesABC News - Breaking News, Latest News and VideosMediaSep 19, 2026