A federal appeals court on Friday restricted the Trump administration's ability to deport migrants to third countries without additional due process protections.
The U.S. Court of Appeals for the First Circuit, in a unanimous 55-page opinion, largely upheld a lower court ruling that found the Department of Homeland Security's policy unlawful. The decision requires that immigrants facing removal to countries other than their nation of origin receive "a meaningful opportunity" to raise claims of persecution or torture.
Judge Seth Aframe, writing for the three-judge panel, stated that an individual's right to contest removal based on fear of persecution "means little if one does not receive prior notice of the intended removal destination and a meaningful opportunity to contest that destination." The panel included two judges appointed by President Biden and one appointed by President George W. Bush.
The policy, implemented in early 2025 as part of broader immigration enforcement, allowed deportations to third countries with as little as six hours' notice in some cases. Since President Trump took office, the administration has sent more than 25,000 migrants to at least 29 such countries, according to public records.
The appeals court rejected the administration's argument that general assurances from receiving governments were sufficient to address torture concerns. It found the policy conflicted with existing laws and regulations protecting against persecution.
The ruling overturned one aspect of the district court's order, which had required officials to first attempt deportations to migrants' home countries or designated nations. The court said that requirement could not be legally mandated.
The decision marks a setback for the administration's mass deportation efforts. The Justice Department can seek review by the full First Circuit or appeal directly to the Supreme Court. A DHS official indicated the policy would continue pending further proceedings.
The case originated from a class-action lawsuit challenging the expedited third-country removals. It is expected to reach the Supreme Court given the stakes for immigration enforcement.
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