The First Circuit Court of Appeals formally blocked the Trump administration’s practice of deporting illegal immigrants to third-party countries, upholding a lower court ruling that found the policy violates due process rights by sending migrants to unfamiliar nations without proper notice or opportunity to object.

Deportation Policy Struck Down After ICE Challenges Ruling

The appeals court issued its formal mandate Wednesday after Immigration and Customs Enforcement attempted to deport a Peruvian migrant to Ghana despite last week’s adverse ruling. ICE officials argued they could proceed because the First Circuit had not yet formally issued its mandate striking down the controversial deportation practice. When asked for clarification, the court immediately formalized its decision, dissolving the stay that had allowed third-party deportations to continue during litigation.

The ruling stems from a February 2026 decision by Judge Brian Murphy, appointed by former President Joe Biden, who determined the deportation policy denied migrants meaningful opportunity to challenge being sent to potentially dangerous countries. The Trump administration had used third-party nations to execute removal orders on migrants claiming they would face torture if returned to their home countries.

DHS Chief Counsel Blasts Federal Judges

Department of Homeland Security Chief Counsel James Percival sharply criticized what he called a pattern of federal district judges blocking deportations and Temporary Protected Status rollbacks despite Supreme Court rulings. Percival described the judicial interventions as naked political activism, suggesting a subset of judges rather than the judiciary as a whole were obstructing administration immigration enforcement priorities.

Appeals Panel Sides With Migrant Protections

First Circuit Judge Seth Aframe, one of two Biden appointees on the three-judge panel, wrote that Judge Murphy acted sensibly in requiring DHS to provide migrants a meaningful chance to raise concerns about destination countries. Aframe argued the administration’s interpretation would deny protections to a substantial number of noncitizens sent to third countries without notification of their destination. The decision represents a significant setback for Trump administration efforts to expedite deportations by utilizing third-party agreements with nations willing to accept migrants from other countries of origin.