United States · Immigration and courts ·

U.S. appeals court limits rapid deportations to third countries

The First U.S. Circuit Court of Appeals largely upheld a lower-court ruling on September 18 requiring effective notice and a meaningful chance for migrants to raise fears of persecution or torture before removal to a country not named in their original order.

Why it matters

The ruling constrains a Trump administration process that could provide only about six hours' notice. The court also vacated some procedural declarations for lack of standing, so the decision is not a complete rejection of all third-country removals.

Full report

In case No. 26-1212, the First Circuit held that the government must give effective notice before sending a migrant to a country not listed in the original removal order and allow the person to raise a fear-based protection claim.

The record showed that some migrants could receive only about six hours' notice. The court found that nominal notice alone was not enough to protect claims under U.S. law and the Convention Against Torture.

The court largely preserved the lower court's core relief but vacated declarations governing the sequence of the process because the plaintiffs lacked standing for those claims. It did not prohibit every third-country removal.

Reuters reported that the Trump administration was expected to appeal. The Department of Homeland Security did not immediately comment, and the next phase could shape legal protections in rapid-removal cases.

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