US appeals court rejects Trump administration’s third-country deportation policy

A federal appeals court in the United States has largely upheld a ruling against the Trump administration’s policy of deporting migrants to countries with which they have no ties.

A three-judge panel of the 1st US Circuit Court of Appeals in Boston ruled on Friday that migrants must receive a meaningful opportunity to raise concerns about their safety before they are removed to a third country.

US Circuit Judge Seth Aframe, writing for the panel, said the process must allow migrants to present concerns about possible harm before deportation. The decision largely affirmed a February ruling that found the Department of Homeland Security’s third-country removal policy unlawful.

Partial reversal on procedural issue

The appeals court overturned part of the earlier decision on procedural grounds. That portion concerned whether US officials must first attempt to deport migrants to countries with which they have ties.

The case was brought as a class-action lawsuit focused on the due process protections owed to migrants before they are sent to countries that were not part of their removal proceedings.

Trina Realmuto, a lawyer representing the plaintiffs at the National Immigration Litigation Alliance, said the ruling confirmed that safeguards against persecution and torture could not be avoided by sending a person to an unfamiliar country.

“Due process and the protections Congress enacted against persecution and torture cannot be circumvented by putting someone on a plane to a country that was never part of their removal proceedings,” Realmuto said.

Policy and previous removals

The third-country removal policy was adopted in March 2025. Under the policy, removals could proceed with only minimal notice when US officials had diplomatic assurances that migrants would not face persecution.

According to Third Country Deportation Watch, a tracker operated by Refugees International and Human Rights First, the United States has agreements allowing it to send more than 25,000 migrants to at least 29 third countries. Mexico has been the most frequent destination under those arrangements.

The Supreme Court previously cleared the way in 2025 for eight men, including nationals of Cuba, Myanmar and Vietnam, to be deported to South Sudan. Rights groups said those removals failed to meet basic protections, while the Department of Homeland Security described them as “a win.”

The US State Department has cited “crime, kidnapping, and armed conflict” among the risks in its travel advice for South Sudan.

Possible Supreme Court appeal

The Trump administration is expected to appeal the appeals court’s decision. It remains unclear whether a formal appeal will be filed or whether the case will return to the Supreme Court. The programme has reached the Supreme Court twice.

The Department of Homeland Security did not immediately comment on the latest ruling.

The decision comes as the administration’s immigration agenda faces other legal challenges. A separate federal judge blocked planned caps on student and journalist visas, describing the government’s justification as “exceptionally weak.” Separately, a coalition of 22 states and Washington, DC, sued over a rule that would allow officials to deny green cards to immigrants who lawfully use public benefits.