First Circuit strikes down DHS third-country deportation policy, demands migrants get notice

By 
, September 19, 2026

A federal appeals court unanimously blocked the Department of Homeland Security from deporting immigrants to countries where they have no ties without first giving them a chance to fight it, a ruling that hands open-borders advocates a procedural win while leaving the administration's broader deportation framework intact.

A three-judge panel of the U.S. Court of Appeals for the First Circuit ruled Friday that DHS must provide immigrants with prior notice of their intended removal destination and a meaningful opportunity to contest it before shipping them to a third country. The unanimous decision, authored by Circuit Judge Seth Aframe, dismantles a DHS policy that relied on "diplomatic assurances" from receiving nations to justify rapid third-country removals.

The ruling lands at a moment when the administration has aggressively expanded its deportation pipeline. In recent months, the government secured formal deportation agreements with 35 countries, including Liberia, Ghana, the Central African Republic, and Sierra Leone, to accept immigrants who cannot be immediately returned to their home nations. The court did not question the government's authority to deport. It said the government has to tell people where they're going first.

Judge Aframe: the right to contest removal "means little" without notice

The core of the opinion rests on a straightforward procedural point. As ABC News reported, Judge Aframe wrote that the current process gutted any real ability to challenge a removal order.

"An individual's right to contest removal to a country based on a fear of persecution in that country means little if one does not receive prior notice of the intended removal destination and a meaningful opportunity to contest that destination."

The ruling now allows migrants to contest deportations to countries other than their place of origin. DHS had argued that diplomatic assurances from receiving nations were sufficient protection. The court disagreed.

Several key details remain unclear. The court's opinion does not specify what notice period or process DHS must now follow. The ruling's geographic reach, whether it binds only the First Circuit or carries broader implications, is also unstated in available reporting. And DHS itself has not publicly responded to the decision.

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For conservatives who support aggressive immigration enforcement, the ruling is frustrating but narrow. The court did not say the government cannot deport people to third countries. It said the government cannot do it in secret. That distinction matters. A deportation policy built on proper notice and procedural safeguards is harder for future courts to overturn than one that skips the basics.

The administration's push to ramp up deportation flights has moved fast across multiple fronts. Thirty-five bilateral agreements in a matter of months is an unprecedented pace. But speed without procedural discipline creates exactly the kind of legal vulnerability this ruling exploits.

Deported to the Central African Republic without knowing the destination

The case that drew public attention to the third-country policy involved a group of Latin American men sent to the Central African Republic. ABC News previously interviewed the men, who said they were not told where they were going until several hours into the flight.

One of them, Aristides Fernandez Garcia, described the experience bluntly.

"I feel kidnapped."

Garcia also told ABC News: "They have violated all the rights that exist in life, because we are human beings."

Garcia's account illustrates the procedural gap the court identified. Whatever one thinks about the merits of deporting illegal immigrants, and most Americans support removing people who entered the country unlawfully, putting someone on a plane to a country they have no connection to, without telling them where they're headed, is the kind of government conduct that loses in court. It lost here.

The broader question of whether the government should be sending Latin American nationals to African nations at all is separate from the procedural issue the First Circuit addressed. But the optics of that policy gave advocacy groups an easy target. The previous administration's efforts to shield millions from deportation through Temporary Protected Status created a backlog that the current administration inherited and has tried to clear through unconventional means. Third-country agreements are one of those means.

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Human Rights First claims $50 million spent on deportation deals

Savi Arvey, director of policy for refugee and immigrant rights at Human Rights First, said the U.S. has spent nearly $50 million on deportation agreements. Arvey framed the administration's approach in sweeping terms:

"I think the fact that the administration is sending refugees to the most dangerous countries in the world, to countries run by corrupt autocrats where they've been arbitrarily detained and sent back to persecution and torture, shows that the administration has a complete disregard for due process, for international law and for human dignity."

Arvey's characterization, "refugees," "corrupt autocrats," "persecution and torture", reflects the advocacy group's framing, not established fact. The $50 million figure also lacks a stated source or methodology. Whether that spending represents a wise investment in enforcement infrastructure or a waste depends on whether the agreements actually produce results and survive legal challenge. Friday's ruling suggests at least part of the framework needs retooling.

The ruling arrives amid a broader legal contest over immigration enforcement powers. The Ninth Circuit recently cleared Border Patrol to resume immigration stops in California, a win for enforcement advocates. Courts are not uniformly hostile to the administration's immigration agenda, but they are demanding that the government follow its own rules.

That pattern should concern enforcement hawks less than it concerns the bureaucrats cutting corners. Every sloppy procedure hands a federal judge the authority to block a policy that might otherwise stand. The administration has the legal tools to deport illegal immigrants. Using those tools carelessly is what produces rulings like Friday's.

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Thirty-five deals and counting, but procedural gaps remain

The scale of the third-country deportation program is significant. Thirty-five formal agreements give the government options when a migrant's home country refuses to accept deportees or when direct return is logistically impractical. Countries named in reporting include Liberia, Ghana, the Central African Republic, and Sierra Leone.

But the First Circuit's ruling exposes a gap between the program's ambition and its execution. DHS relied on diplomatic assurances from receiving nations as the legal basis for bypassing individual notice. The court found that insufficient. The fix, providing notice and an opportunity to contest, is not an impossible burden. It is basic administrative procedure.

Local officials in some cities have taken a different approach to deportation rulings entirely. New York City's mayor refused to accept a Supreme Court ruling on deportation protections for Haitian and Syrian nationals, signaling that some jurisdictions will resist enforcement regardless of what courts decide. The contrast is instructive: the administration is trying to move faster than its legal framework allows, while sanctuary-city leaders openly defy the courts when rulings go against their preferences.

Neither approach serves the rule of law. The administration should fix its procedures, comply with the ruling, and keep deporting people who are here illegally, through a process that holds up on appeal. Advocacy groups will challenge every deportation they can. The answer is not to cut corners. The answer is to build a process so clean that judges have nothing to strike down.

Enforcing immigration law is not optional. But doing it right is not optional either, and a government that skips the basics hands its opponents the only weapon that actually works against it: a court order.

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