Court blocks Trump’s third-country deportation policy, rules detainees deserve more due process

The panel said the right to challenge removal over persecution fears means little without notice of the destination and a chance to contest it
The decision by the Boston-based First Circuit Court of Appeals represented a setback for the Trump administration’s third-country deportation policy, under which migrants have been sent thousands of miles away from their countries of origin (Getty Images
The decision by the Boston-based First Circuit Court of Appeals represented a setback for the Trump administration’s third-country deportation policy, under which migrants have been sent thousands of miles away from their countries of origin (Getty Images

WASHINGTON, DC: A federal appeals court struck down a cornerstone of the Trump administration's mass deportation plan Friday, Sept 18, ruling that people being deported to places where they have no connections should get more due process before being sent there.

The unanimous decision by the First Circuit Court of Appeals in Boston represents a major hurdle to one of the administration's favored means of swiftly removing illegal immigrants.

Judges say notice and a hearing are legally required

The Trump administration significantly weakened safeguards for so-called "third country" deportation last year in order to accelerate the process.

President Donald Trump talks to reporters after arriving on Air Force One Tuesday, Aug. 11, 2026, at Joint Base Andrews, Md. (AP Photo/Mark Schiefelbein)
President Donald Trump talks to reporters after arriving on Air Force One Tuesday, Aug 11, 2026, at Joint Base Andrews, Md (AP Photo/Mark Schiefelbein)

Past administrations rarely used third-country removals, but when they did, they gave the immigrants being deported notice of their likely destination and the opportunity to file fear-based claims of torture or persecution.

The Trump administration determined that it was unnecessary to give advance notice to people being deported to third countries as long as those countries have blanket assurances not to subject immigrants to torture or persecution.

“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,” Judge Seth Aframe wrote for the unanimous panel of the Boston-based 1st Circuit Court of Appeals.

“The statute and regulations prescribe hearing-related procedures for fear-of-persecution claims with no exception for third-country removals,” added Aframe, a Biden appointee. “We reject DHS's efforts to create such an exception from whole cloth.”

ARTESIA, NEW MEXICO - AUGUST 22: A U.S. Border Patrol instructor supervises as a trainee conducts a mock detention scenario at the U.S. Border Patrol Academy on August 22, 2025 in Artesia, New Mexico. The arrival of Class 1291 on August 21 pushed current enrollment to 1,014 trainees, the highest number since 2009, according to U.S. Border Patrol officials. Trainees undergo a six-month boot-camp style program covering physical fitness, Spanish language instruction, law and weapons handling. They also receive hostile environment instruction for likely scenarios they'll likely face in the field during their career as U.S. Border Patrol agents, most stationed at or near the U.S-Mexico border. The Trump Administration and Republicans in Congress have dramatically increased funding for U.S. border defence and mass deportations, as the number of illegal and irregular migrant crossings has reached historic lows. (Photo by John Moore/Getty Images)
A US Border Patrol instructor supervises as a trainee conducts a mock detention scenario at the US Border Patrol Academy on August 22, 2025 in Artesia, New Mexico (Photo by John Moore/Getty Images)

Advocates call the decision a win for fundamental fairness

A spokesperson for the immigrant rights advocates behind the case hailed the appeals court’s decision.

“For over a year, class members have lived under the threat of being sent to countries they had never been told they could be removed to, with little or no notice and without a meaningful opportunity to explain the dangers awaiting them there. Many have been deported to horrendous situations and danger under this policy,” said Trina Realmuto, a spokesperson for the National Immigration Litigation Alliance.

MINNEAPOLIS, MINNESOTA - FEBRUARY 04: ICE agents depart the Bishop Henry Whipple Federal Building on February 4, 2026 in Minneapolis, Minnesota. White House Border Czar Tom Homan announced Wednesday that 700 immigration enforcement personnel would be withdrawn from Minnesota, following weeks of operations and the fatal shooting of two protesters. Homan said the withdrawal would take effect immediately. (Photo by John Moore/Getty Images)
ICE agents depart the Bishop Henry Whipple Federal Building on February 4, 2026 in Minneapolis, Minnesota. White House Border Czar Tom Homan announced Wednesday that 700 immigration enforcement personnel would be withdrawn from Minnesota, following weeks of operations and the fatal shooting of two protesters. Homan said the withdrawal would take effect immediately (Photo by John Moore/Getty Images)

Realmuto lauded the appeals court for recognizing “that fundamental fairness and the law require meaningful notice and an opportunity to raise protection claims before any third country removal.”

The ruling upholds the bulk of a months-old decision by US District Judge Brian Murphy, a Massachusetts-based Biden appointee who has presided over the third-country litigation for more than a year. 

In the ruling Friday, the appeals panel pared back one aspect of the decision Murphy issued in February ordering DHS to provide added protections to all potential third-country deportees.

Murphy ruled that under the law, migrants facing deportation had the right to be sent to their country of citizenship or one that they designated during their immigration-court hearings, unless those options were impractical.

President Donald Trump departs after speaking at the David Mack Center for Training and Intelligence, Friday, Aug. 14, 2026, in Garden City, N.Y. (AP Photo/Julia Demaree Nikhinson)
President Donald Trump departs after speaking at the David Mack Center for Training and Intelligence, Friday, Aug. 14, 2026, in Garden City, NY (AP Photo/Julia Demaree Nikhinson)

But the appeals court said this lawsuit wasn’t the right forum to litigate that issue since none of the immigrants chosen as lead plaintiffs in the case alleged that the DHS ignored their requests on that point.

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