Appeals court rejects rapid deportations of migrants to unfamiliar countries

A US appeals court has largely upheld a ruling requiring migrants to receive a meaningful opportunity to raise safety concerns before being deported to countries other than their own. The Trump administration is expected to appeal, potentially sending the dispute to the Supreme Court.

A US federal appeals court has rejected the Trump administration’s policy of rapidly deporting migrants to countries other than their own, finding that they must receive a meaningful opportunity to raise safety concerns before removal. The ruling largely upheld an earlier decision declaring the Department of Homeland Security’s third-country removal policy unlawful.

A three-judge panel of the 1st US Circuit Court of Appeals in Boston issued its decision on Friday. The case arose from a class-action lawsuit examining what due process protections migrants are owed before being sent to countries with which they have no ties.

Writing for the panel, US Circuit Judge Seth Aframe rejected the administration’s narrower interpretation of the law. The court said migrants must be given a meaningful chance to object on safety grounds before they are removed. Trina Realmuto, a lawyer representing the plaintiffs at the National Immigration Litigation Alliance, said the decision confirmed that protections against persecution and torture could not be avoided by sending people to countries outside their removal proceedings.

The panel overturned part of the earlier ruling on procedural grounds. That issue concerned whether US officials must first attempt to deport migrants to countries with which they have ties. The Department of Homeland Security did not immediately comment, while the administration is expected to seek further review.

The policy, adopted in March 2025, permitted removals with minimal notice when officials had diplomatic assurances against persecution. According to Third Country Deportation Watch, a tracker operated by Refugees International and Human Rights First, the United States has reached agreements under Trump allowing more than 25,000 migrants to be sent to at least 29 third countries, most frequently Mexico.

The programme has twice reached the Supreme Court. In 2025, the justices allowed the deportation of eight men, including nationals of Cuba, Myanmar and Vietnam, to South Sudan, despite a US State Department advisory warning of crime, kidnapping and armed conflict. DHS described those removals as a win, while rights groups said they disregarded basic protections. The administration’s immigration agenda has also faced other legal challenges, including cases over student and journalist visa limits and eligibility rules for immigrants using public benefits.