Court Ruling Challenges U.S. ‘Third-Country’ Deportation Policy
A federal appeals court has mandated that U.S. immigration officials must provide a genuine opportunity for detainees to challenge deportations to nations with which they have no connection. The U.S. Court of Appeals for the First Circuit, based in Boston, delivered a ruling that opposes the Trump administration’s controversial ‘third-country’ deportation policy.
This policy has previously enabled the deportation of migrants thousands of miles away from their home countries, including sending those from Latin America to regions as far off as sub-Saharan Africa. The appellate court largely supported an earlier decision by a lower court that found this policy unlawful. The ruling goes against Department of Homeland Security (DHS) rules that permit immigration officials to deport individuals to these ‘third countries’ with minimal notice or chance to contest their removal.
Last year, the DHS established this policy allowing officials to deport migrants to a third country without prior notice if that nation assured the State Department it would not persecute or mistreat deportees. If such assurances were not made, the policy required officials to notify detainees. The appeals court backed most of a ruling from Judge Brian Murphy of the U.S. District Court, who had criticized the third-country deportation policy for infringing on deportees’ due process rights.
The court emphasized that a person’s right to contest their removal based on fears of persecution is negligible without prior notice of their deportation destination and a fair chance to challenge it.
The National Immigration Litigation Alliance stated the First Circuit clearly established that the government could not dodge protections against persecution and torture by merely altering deportation destinations.
Trina Realmuto, executive director of the alliance, highlighted how for over a year, numerous class members faced deportation to unforeseen countries with scant warning and no true opportunity to voice the dangers they faced.
DHS General Counsel James Percival indicated on social media late Friday that the third-country deportation policy remains active, given that the First Circuit’s ruling is not yet enforceable. According to him, DHS reserves the right to send individuals who express fear in their home countries to alternative destinations.
While this verdict may ultimately climb to the Supreme Court, it represents a major legal setback for a significant aspect of President Trump’s crackdown on illegal immigration. His administration has secured third-country deportation agreements with more than 30 nations globally, including African countries like Liberia. Deportees are sometimes sent to a third country due to court orders shielding them from being sent back to their original homeland, although not preventing total deportation.
One advocacy group mentioned that under the Trump administration, over 25,000 migrants have faced deportation to third countries, with approximately 80% sent to Mexico. A recent CBS News report highlighted a group of deportees transported to Liberia, including people from South and Central American nations such as Brazil, Colombia, Guatemala, Honduras, and Venezuela, alongside African countries.
These migrants, now residing in a hotel, disclosed to CBS News they had not been informed by U.S. Immigration and Customs Enforcement about their deportation to Liberia or given an opportunity to contest their move to West Africa. Honduran Elvis Rodriguez Venturas voiced his unease, stating, ‘I feel far away, on the other side of the world.’