First Circuit Court Blocks Trump Third-Country Deportation Policy

The U.S. Court of Appeals for the First Circuit ruled Friday that the Trump administration's policy of deporting migrants to third countries is unlawful because it denies noncitizens a meaningful opportunity to raise fears of persecution or torture. The three-judge panel largely upheld a lower court decision finding that the Department of Homeland Security violated statutes and regulations by relying on blanket diplomatic assurances from foreign governments to bypass individual due process.

Under the policy adopted in March 2025, the government has already sent more than 25,000 migrants to at least 29 third countries, including Mexico, South Sudan, and Liberia. The court rejected the administration's argument that brief notice periods and diplomatic agreements were sufficient to protect deportees. However, the appellate court granted the administration a partial victory by overturning a lower court requirement that would have forced officials to prioritize a migrant's home country as the destination.

The ruling does not ban third-country removals entirely but imposes strict legal hurdles regarding notice and safety claims. The Trump administration is expected to appeal the decision to a larger panel or the Supreme Court of the United States, which has previously used its shadow docket to stay lower court rulings on this policy.