Appeals court clears path for Trump administration to resume third-country deportations

By 
, March 12, 2026

The First Circuit U.S. Court of Appeals handed the Trump administration a significant legal victory Wednesday, granting its request to pause a lower court order that would have blocked the deportation of illegal immigrants to third countries.

The ruling landed just one day before the lower court's restrictions were set to take effect.

According to Fox News, the decision keeps the administration's deportation apparatus running while the broader legal fight moves toward what now appears to be an inevitable showdown at the Supreme Court.

What the lower court tried to do

U.S. District Judge Brian Murphy, a Biden appointee, issued an 81-page ruling last month siding with a class of illegal immigrants who challenged the Department of Homeland Security's process for removing them to countries other than their home nations. Murphy determined the process was unlawful and violated due process protections.

His ruling would have required DHS to first attempt deportation to an illegal immigrant's home country or a previously designated country before turning to a third country. Even then, the government would need to provide "meaningful notice" and the opportunity for a "reasonable fear" interview before any removal could proceed.

Murphy stayed his own order for 15 days to give the administration time to appeal. Trump administration lawyers did exactly that last week, arguing the restrictions would create an "unworkable scheme" and derail up to "thousands" of planned deportations.

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The First Circuit agreed to hit pause.

The due process question

Murphy framed his ruling in sweeping terms. On the third-country agreements the administration has pursued, he wrote that the process:

"Fails to satisfy due process for a raft of reasons, not least of which is that nobody really knows anything about these purported 'assurances.'"

He also acknowledged the reality of who these deportees actually are. In an order last year, Murphy wrote:

"The court recognizes that the class members at issue here have criminal histories.

"But that does not change due process."

This is where the case becomes more than procedural. The administration has described these deportees as the "worst of the worst." DHS officials have claimed an "undisputed authority" to deport criminal illegal immigrants to third countries that have agreed to accept them. The countries reportedly eyed for these arrangements include Costa Rica and Guatemala.

The question is whether convicted murderers, child rapists, and drug traffickers whose own home countries refuse to take them back are entitled to an elaborate judicial process before being sent somewhere willing to accept them. For the Biden-appointed judge, the answer is yes. For the administration, the answer is that American communities should not bear the cost of that legal theory.

A pattern of judicial obstruction, and a pattern of winning

This is not the first time the courts have tried to freeze the administration's deportation operations, and it is not the first time the administration has prevailed on appeal. The Supreme Court has already issued two emergency stays allowing the policy to continue while litigation proceeds.

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The trajectory tells the story. A lower court blocks. The administration appeals. A higher court restores the policy. Repeat.

Murphy himself has presided over this class-action lawsuit for months. In May, he accused the administration of failing to comply with a court order and directed that six migrants deported to South Sudan without what he considered adequate process be kept in U.S. custody at a military base in Djibouti until each could be given a "reasonable fear interview."

Think about that sequence: illegal immigrants with criminal histories, removed from American soil, ordered held at a U.S. military base in East Africa so a federal judge's procedural requirements could be satisfied.

Former Assistant Secretary Tricia McLaughlin put it plainly after the Supreme Court temporarily permitted the administration to continue its deportation policy amid legal challenges:

"If these activist judges had their way, aliens who are so uniquely barbaric that their own countries won't take them back, including convicted murderers, child rapists and drug traffickers, would walk free on American streets."

What comes next

Senior Trump administration officials acknowledged earlier this year that this case is all but certain to land before the Supreme Court for full review on the merits. Wednesday's appeals court ruling buys time, but the underlying legal question remains unresolved: Can the federal government remove criminal illegal immigrants to willing third-party nations when their home countries refuse to take them?

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The administration's position is straightforward. These are people with serious criminal records. Their home countries have rejected them. Other nations have agreed to accept them. The alternative is releasing them into American communities.

Murphy insists the Constitution demands more process. He closed one order with a statement worth reading in full:

"The court treats its obligation to these principles with the seriousness that anyone committed to the rule of law should understand."

The rule of law. That's a phrase that cuts both ways. These individuals broke the law to enter the country. Many broke it again through violent crime. Their home nations won't claim them. And yet a single federal judge believes the system owes them another hearing, another interview, another layer of review before they can be sent to a country willing to take them off our hands.

The Supreme Court will have the final word. Based on what it has done twice already, the administration has reason for confidence.

" A free people [claim] their rights, as derived from the laws of nature."
Thomas Jefferson