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Appeals Court Blocks Trump Administration’s Rapid Third‑Country Removal Procedure

Requiring meaningful notice and a chance to raise safety or torture claims before removal, the ruling sets up likely review by the Supreme Court.

Overview

  • The 1st U.S. Circuit Court of Appeals issued a ruling on Friday that largely upheld a lower court’s finding that the Department of Homeland Security’s March 2025 third‑country removal policy was unlawful.
  • Circuit Judge Seth Aframe wrote that migrants must receive meaningful notice of their destination and a real opportunity to raise fear‑based or torture claims before being sent to a country that is not their home.
  • The court reversed one narrow part of the lower‑court order on procedural grounds by declining to require officials to try deportation to countries with migrants’ ties before using third‑country removals.
  • Rights groups say the program has sent more than 25,000 people to at least 29 third countries under deals that rely on diplomatic assurances and very short notice, raising concerns about protection on arrival.
  • The administration is expected to appeal to the Supreme Court and DHS offered no immediate comment, a dispute that could determine how immigration officials carry out thousands of removal orders going forward.