A federal appeals court has granted the Trump administration a temporary victory, pausing a lower court order that would have blocked deportations of certain migrants to so-called “third countries.” The U.S. Court of Appeals for the First Circuit issued the stay just hours before U.S. District Judge Brian Murphy’s ruling was set to take effect. Murphy, a Biden appointee, had concluded that the Department of Homeland Security’s policy violates constitutional due process protections, requiring the government to attempt deportation to a migrant’s home country—or a country previously approved by an immigration judge—before considering a third nation. He also mandated “meaningful notice” and an opportunity for migrants to raise fears of persecution.
“The third-country removal policy fails to satisfy due process for a raft of reasons,” Murphy wrote, citing uncertainty over the so-called assurances from receiving countries. He initially stayed his ruling for 15 days to allow for appeals.
The Trump administration argued that Murphy’s order created an “unworkable scheme” that could disrupt diplomatic negotiations and impede deportations involving thousands of individuals. Officials also cited prior Supreme Court interventions that allowed the policy to continue temporarily while litigation proceeded. The case, which could return to the Supreme Court, raises critical questions about the scope of executive authority in immigration enforcement and the procedural safeguards required before deporting migrants to third countries. Deportations may continue while appellate review moves forward.
