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First Circuit Pauses Ruling Against Trump Third‑Country Deportation Policy

The First U.S. Circuit Court of Appeals on Wednesday granted the Trump administration’s emergency request to pause a lower‑court ruling that had found its third‑country removal process unconstitutional and ordered major changes. U.S. District Judge Brian Murphy, a Biden appointee, ruled last month that DHS cannot send migrants to so‑called third countries without first attempting removal to their home country or a country designated by an immigration judge, and without providing meaningful notice and a chance to raise fears of persecution through a “reasonable fear” interview. Administration lawyers told the appeals court that Murphy’s order created an “unworkable scheme,” threatened ongoing negotiations with receiving countries such as South Sudan, El Salvador, Costa Rica and Guatemala, and could derail “thousands” of planned deportations, including of people DHS labels serious criminals. Murphy had already stayed his own ruling for 15 days to allow an appeal, but without the First Circuit’s intervention it would have taken effect Thursday; the stay keeps the current third‑country deportation process in place while litigation continues and sets up a likely Supreme Court showdown, after earlier high‑court emergency orders let the policy proceed. The case, a class action brought by migrants, underscores the clash between due‑process protections in removal proceedings and the administration’s assertion of “undisputed authority” to deport certain noncitizens to any country willing to accept them, against a political backdrop in which senior Trump officials portray judges blocking such deportations as endangering public safety.

Immigration & Demographic Change Federal Courts and Trump Administration Immigration Policy

📌 Key Facts

  • The First Circuit Court of Appeals granted the Trump administration’s request to stay U.S. District Judge Brian Murphy’s order invalidating DHS’s third‑country removal process.
  • Murphy’s 81‑page ruling found the process violated due process, required DHS to first attempt removal to a migrant’s home country or judge‑designated country, and mandated meaningful notice plus a chance to raise fear of persecution before any third‑country transfer.
  • Administration lawyers warned the order would disrupt sensitive negotiations and could block 'thousands' of planned deportations, while earlier Supreme Court emergency stays have already allowed the policy to continue pending full review.

📊 Relevant Data

The U.S. government spent at least $40 million to deport approximately 300 migrants to third countries other than their countries of origin during the Trump administration.

US spent $40M to deport roughly 300 migrants to nations other than own, Democratic report says — ABC7 Chicago

Countries such as Cuba, Venezuela, Cambodia, Eritrea, Guinea, and Sierra Leone have historically refused to accept deportees from the U.S., prompting the use of third-country deportations.

Map Shows Which Countries Refuse to Take Back Deported Migrants — Newsweek

In fiscal year 2024, U.S. Immigration and Customs Enforcement (ICE) arrested 113,431 noncitizens, of which 71.7% were convicted criminals or had pending criminal charges at the time of arrest.

A True Comparison of ICE Arrests Under Trump II and Biden — Center for Immigration Studies

Asylum grant rates in U.S. immigration courts dropped from 51% in February 2024 to lower rates by June 2024, amid increasing caseloads and policy changes.

Why Have Asylum Grant Rates Been Plummeting? — Center for Immigration Studies

The Trump administration negotiated or initiated deals with 58 countries to accept third-country deportations, often incentivized by threats of visa restrictions or other diplomatic pressures.

Trump Administration's Third Country Removals Put Migrants in Harm's Way — Human Rights First

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