US appeals court blocks Trump administration policy on third-country deportations

Appeals court ruling on third-country removals

A three-judge panel of the 1st U.S. Circuit Court of Appeals in Boston ruled on Friday that the federal policy allowing rapid deportation of migrants to third countries is unlawful. The 55-page unanimous opinion, written by Circuit Judge Seth Aframe, largely upholds a February decision by Massachusetts District Judge Brian E. Murphy. The court determined that the Department of Homeland Security cannot deport migrants to countries where they have never lived without providing effective notice and a meaningful opportunity to raise fears of persecution or torture. The ruling lifts a temporary stay granted by the appeals panel in March, placing immediate legal restrictions on third-country flights.

Legal standards and foreign assurances

The contested policy, established by the Department of Homeland Security in March 2025, permitted removals with as little as six hours of notice. Federal officials relied on diplomatic assurances from foreign governments that deportees would not face abuse, arguing that these communications satisfied statutory requirements. The appellate judges rejected that standard, concluding that the administration attempted to carve out an exception to federal anti-torture protections from whole cloth. The court overturned only a single procedural element of the lower-court order, which had required authorities to first attempt deportation to countries where individuals maintain personal ties.

All those deportation flights should not be taking off because the policy under which people got put on planes and targeted for removal is unlawful.

Scale of deportations and receiving nations

Since Donald Trump returned to office, federal authorities have deported more than 25,000 migrants to at least 29 third countries, according to Third Country Deportation Watch, a tracker run by Refugees International and Human Rights First. Most deportations were directed to Mexico, while African destinations included South Sudan, Liberia, Uganda, Eswatini, the Central African Republic, and Equatorial Guinea. Rights organizations filed legal challenges following reports of dangerous conditions in receiving states, including the arbitrary detention of two men in Equatorial Guinea who were beaten and held at gunpoint in a hotel converted into a detention center. In South Sudan, the U.S. State Department maintains an active advisory warning against travel due to crime, kidnapping, and armed conflict.

Government defense and Supreme Court appeal

Administration officials defend the program by asserting that third-country expulsions are the only method to remove individuals with final deportation orders whose home countries refuse to accept them or where return is barred by anti-persecution statutes. Officials stated the targeted groups include individuals convicted of violent crimes such as rape and murder. The Department of Homeland Security has stated that detainees receive comprehensive medical care while in custody and denied allegations of physical abuse by federal officers.

Following Friday's ruling, DHS General Counsel James Percival stated on X that the administration intends to maintain operations until the mandate takes effect.

If you claim fear in your home country, DHS has the right to send you elsewhere.

The Trump administration is expected to seek an emergency stay and appeal the ruling to the Supreme Court or seek a rehearing before the full First Circuit bench. The litigation previously reached the Supreme Court in 2025, when the justices allowed the deportation of eight men from Cuba, Myanmar, and Vietnam to South Sudan.