US appeals court rejects Trump policy on third-country deportations

Saturday 19 - 14:15

By: Azzat Manal

US appeals court rejects Trump policy on third-country deportations

A US federal appeals court has rejected a Trump administration policy that allowed migrants to be rapidly deported to countries other than their countries of origin without giving them a meaningful opportunity to raise concerns about their safety.

The ruling was issued on September 18, 2026, by a three-judge panel of the Boston-based US Court of Appeals for the First Circuit. The court largely upheld an earlier decision by a federal district judge who had found the Department of Homeland Security policy unlawful. The First Circuit’s published opinions list confirms the case, D.V.D. v. US Department of Homeland Security, among its September 18 decisions.

The case stems from a class-action lawsuit brought by migrants facing removal orders. At the center of the dispute is the extent of the procedural protections the US government must provide before transferring people to countries with which they may have no prior connection.

The policy, introduced by the Department of Homeland Security in March 2025, allowed authorities to send migrants to third countries when officials had obtained diplomatic assurances that they would not face persecution or torture. In situations where such assurances were unavailable, migrants could receive only limited notice before removal.

The lower court had concluded that the procedure did not provide sufficient protection for migrants who might face danger in unfamiliar countries. The appeals court agreed that migrants must have a meaningful opportunity to raise safety concerns before being sent to a third country.

The Trump administration has argued that maintaining the lower court's restrictions could interfere with its ability to carry out thousands of existing removal orders involving third countries. The government is expected to continue challenging the ruling, potentially taking the dispute to the US Supreme Court.

The case has broader implications for immigration enforcement and due-process protections in the United States. According to data cited by Reuters, more than 25,000 migrants have been sent to third countries under agreements established during the Trump administration, including destinations such as Mexico, Uganda and other countries.

The ruling adds another legal challenge to the administration’s immigration policies as federal courts continue to examine the limits of executive authority and the procedural rights of migrants facing removal.