A federal appeals court cleared the way Monday for the Trump administration to resume deporting migrants to third countries, dealing a setback to immigration advocates who had won a lower-court block on the policy.
The U.S. Court of Appeals for the First Circuit ruled 2-1 in favor of the administration, lifting restrictions imposed by U.S. District Judge Brian Murphy. Murphy had required migrants to get a meaningful chance to contest removal to countries where they have no ties, and mandated that the government first try sending them back to their home countries before pursuing third-country options.
Solicitor General John Sauer previously called Murphy’s actions a “lawless act of defiance.” He warned the injunction forced the Executive Branch to house “dangerous criminal aliens at a military base in the Horn of Africa.”
The two-judge majority was an unusual pairing: Judge Jeffrey Howard, appointed by George W. Bush, and Judge Seth Aframe, a Biden appointee. Judge Lara Montecalvo, also a Biden appointee, dissented. The court issued no written explanation with its order, though it moved to accelerate the next phase of the legal fight.
Under the policy, the administration can send migrants to nations willing to accept them when their home countries won’t. The administration has reportedly struck agreements with Cameroon, South Sudan, and Eswatini. DHS says the policy is aimed at removing serious criminals who would otherwise stay in the U.S. indefinitely.
Attorney General Pam Bondi announced the ruling on X, calling it a “legal victory” and saying the administration can continue deporting illegal aliens to third countries.
The case now returns to the First Circuit for full briefing and argument.
