Court Blocks Trump Policy to Speed Up Deportations to Third World Countries
Posted on 09/19/26 at 19:38
- Court rejects Trump policy
- Migrants can raise fears
- The case could reach the Supreme Court
A federal appeals court dealt a setback to the Trump administration’s policy of speeding up deportations to third countries on Friday.
The First Circuit determined that migrants must be given a meaningful opportunity to raise fears of persecution or torture before being sent to these destinations.
The ruling was adopted unanimously by a panel of three judges and largely upheld a decision issued in February by a federal court in Massachusetts.
Affecting individuals with deportation orders, the controversy reveals that they can be transferred to countries other than those originally indicated in their immigration cases.
Court Blocks Trump’s Deportations to Third Countries
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The disputed policy allowed for certain transfers to be made without prior notice when the receiving country offered guarantees against persecution or torture.
In other circumstances, the government’s guidelines contemplated extremely brief deadlines before executing the deportation, according to documents examined during the litigation.
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Judge Seth Aframe argued that the right to challenge a transfer becomes ineffective when the person is not informed in advance of the country to which they will be sent.
The court concluded that existing laws and regulations provide procedures for filing claims based on fear of persecution, without a specific exception for third countries.
Legal Disputes Expected to Continue
The Trump administration’s policy on deporting immigrants to third countries is unlawful, a federal appeals court ruled, a decision that could halt a program that has already sent thousands of people to countries that are not their own. https://t.co/0nDnKC2fY7
— The Washington Post (@washingtonpost) September 19, 2026
The Trump administration defended the deportations as necessary to enforce orders against people who cannot return to their countries of origin.
Among these cases are migrants protected from return due to risks of persecution and individuals whose governments of origin refuse to receive them.
Since Trump’s return to the White House, more than 25,000 migrants have been sent to third countries, according to public records cited by The Washington Post.
However, the First Circuit overturned part of the lower court’s ruling regarding the obligation to first attempt certain destinations linked to the migrant.
The Supreme Court Returns to the Horizon
The Supreme Court had already intervened in this litigation and temporarily allowed the expulsions to continue while the courts analyzed the case’s merits.
Now, the First Circuit’s ruling again puts into question what protections must be guaranteed before executing a deportation to another country.
The government could appeal again to the Supreme Court and request that the decision be suspended while the judicial battle continues.
Therefore, the ruling represents a significant judicial shift, but the policy’s practical scope could be modified again as the next appeals progress.
What Can They Do?
- Review any notifications received.
- Confirm the indicated destination.
- Seek accredited legal guidance.
Sources: Efe, La Nación.