US court restricts Trump policy on third-country deportations

The second Trump administration has sent more than 25,000 migrants to 3rd countries [FILE: August 27, 2026]Image: Ketlain Difficile/AP Photo/picture allianceAdvertisementA US federal appeals court has largely upheld a ruling blocking the Trump administration from rapidly deporting migrants to third countries without giving them a meaningful chance to raise safety concerns.

The three-judge panel of the US Court of Appeals for the First Circuit in Boston said Friday that migrants must receive effective notice of their intended destination and an opportunity to challenge removal if they fear persecution or torture there.

The case challenges a Department of Homeland Security (DHS) policy allowing migrants with final deportation orders to be sent to countries other than their own, provided authorities have diplomatic assurances they will not face persecution or torture.

The court said the policy could deny protections to migrants sent to unfamiliar countries without notice.

The Trump administration is expected to appeal the ruling to the Supreme Court.

DHS General Counsel James Percival said on X that the policy remains in force because Friday's ruling has not yet taken effect.

"If you claim fear in your home country, DHS has the right to send you elsewhere," Percival wrote.

The order comes as two men deported by the US to Equatorial Guinea were arbitrarily detained, with police covering their heads with bags, beating them and holding them at gunpoint in a hotel turned into a detention center, the AP reported.

Since US President Donald Trump returned to office, his administration has sent more than 25,000 migrants to at least 29 third countries, according to Third Country Deportation Watch, a project run by Refugees International and Human Rights First.

The third-country deals have drawn criticism from human rights groups, as several participating nations have notoriously repressive governments and poor human rights records.

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