First Circuit Rules Trump Third-Country Deportation Policy Unlawful Requires Due Process for Migrants

A three-judge panel of the U.S. Court of Appeals for the First Circuit ruled Friday that DHS must give migrants a "meaningful opportunity" to contest deportation to third countries where they lack ties, largely upholding a February order from U.S. District Judge Brian Murphy that found the policy unlawful 123. Circuit Judge Seth Aframe, writing for the unanimous panel, said the right to contest removal "means little" without prior notice of destination and a chance to raise persecution or torture concerns 23. The panel overturned part of the lower ruling on procedural grounds regarding whether officials must first attempt deportation to countries where migrants have ties 1. DHS General Counsel James Percival said on X that the policy "continues" because the ruling is not yet in effect. The National Immigration Litigation Alliance's Trina Realmuto said the decision confirms deportees cannot be sent to undisclosed countries without due process 2. More than 25,000 migrants have been deported to at least 29 third countries under agreements the administration has struck, according to Third Country Deportation Watch 13.