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Appeals court curbs rapid third-country deportations, requiring notice

Sep 18, 2026

Appeals court curbs rapid third-country deportations, requiring notice
Photo via latintimes.com

A three-judge panel of the U.S. Court of Appeals for the First Circuit ruled that DHS cannot deport migrants to countries where they have no ties without first giving them real notice and a chance to raise fears of torture or persecution. The decision largely upholds a February 2026 ruling from U.S. District Judge Brian Murphy in a nationwide class action, though it dropped a provision requiring DHS to first attempt deportation to a person's home country. DHS stated the ruling has not taken legal effect and said it would continue current removal procedures, setting up a likely third Supreme Court review of the underlying policy. The opinion cited a case of a Guatemalan plaintiff deported to Mexico who was then forwarded onward to Guatemala, the outcome his original removal order was meant to prevent.

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