A federal appeals court on Wednesday night formally ended the Trump administration’s policy of rapidly deporting migrants to third countries, prompting the Department of Justice to file an emergency appeal with the Supreme Court on Thursday.
The First Circuit Court of Appeals dissolved a stay that had temporarily allowed the policy to continue during litigation, making its earlier ruling—striking down the Department of Homeland Security’s third-country removal framework—immediately effective. The decision requires DHS to provide meaningful notice and an opportunity for migrants to raise fears of persecution or torture before deporting them to any country not specified in their removal orders.
Attorney General Todd Blanche confirmed the administration’s intent to seek Supreme Court intervention to reinstate the policy while legal challenges proceed.
Core Developments
The appeals court’s action followed an emergency motion filed by attorneys representing plaintiffs in the case D.V.D. v. Department of Homeland Security, which challenged the legality of third-country removals. The ruling upholds a February 2026 decision by Judge Brian Murphy, a Biden appointee, who found the policy violated migrants’ due process rights by potentially sending them to unfamiliar or dangerous countries without their knowledge.
Hours after the appeals court’s order, flight data indicated ICE charter jets had landed in two African nations—known hosts for third-country removals—raising concerns about potential unlawful deportations. One jet appeared to be en route to the continent, according to tracking data cited by The American Prospect.
Legal and Operational Responses
The Department of Justice had argued in a separate case involving a Peruvian migrant, identified as John Doe, that the policy could continue because the appeals court had not yet issued a formal mandate—an official notification of its decision. The First Circuit rejected this argument, issuing a brief order stating: "Consistent with this court's September 18, 2026, Judgment, the March 16, 2026, stay pending appeal is dissolved."
ICE has not publicly addressed the flight data or whether any removals occurred after the appeals court’s ruling. The agency’s policy previously allowed for deportations to countries not listed in removal orders if migrants did not object within a short timeframe.
Broader Context and Implications
The appeals court’s decision marks a significant setback for the Trump administration’s deportation agenda, which has increasingly relied on third-country removals to bypass asylum claims. Legal experts note that the ruling reinforces prior judicial scrutiny of expedited removal processes, including comparisons to historical cases such as Japanese American internment.
The policy’s reversal comes amid heightened scrutiny of ICE operations, with advocates and legal groups warning of potential due process violations. The administration has not indicated whether it will adjust its deportation practices in response to the ruling or await the Supreme Court’s decision on the emergency appeal.
Attorneys for the plaintiffs in D.V.D. v. Department of Homeland Security have called the appeals court’s action a critical protection for migrants, while DOJ officials have framed the appeal as necessary to preserve immigration enforcement authority.