Court blocks deportations to third countries without an opportunity to challenge removal

September 18, 2026

A federal appeals court ruled that a DHS policy allowing people with final removal orders to be quickly deported to third countries not identified in their immigration proceedings without a meaningful opportunity to raise fears of persecution or torture in those countries is unlawful.

The U.S. Court of Appeals for the First Circuit largely upheld a federal district court ruling issued in February 2026.

The court ruled that before deporting a person to a third country, DHS must:

• provide adequate notice of the country to which the person may be deported;
• provide a meaningful opportunity to raise a fear of persecution or torture in that specific country;
• consider that claim before carrying out the deportation.

The court explained that the right to challenge a deportation has little meaning if a person does not know the destination country in advance and is not given a real opportunity to explain why removal there may be dangerous.

The case concerns a DHS policy introduced in 2025. It allowed people with final removal orders to be sent to other countries, including situations where they could not be returned to their country of origin because they had previously received protection from removal there.

For example, a person could be protected from deportation to their home country because of a risk of persecution or torture, while DHS could still seek to deport that person to an entirely different country.

At the same time, the appeals court reversed another part of the lower court's ruling. DHS is not required to first attempt to deport a person to their country of citizenship or to a country previously designated in the removal order before considering a third country. The court reversed that portion on procedural grounds related to whether the plaintiffs had standing to challenge that specific issue.

Important: the ruling has not yet taken effect.

For now, the existing DHS policy remains in effect. A DHS spokesperson confirmed after the ruling that the policy continues to apply because the appeals court decision has not yet become effective. The government is also expected to continue its appeal, and the case could eventually reach the U.S. Supreme Court.

Therefore, there is currently no automatic ban on deportations to third countries. The practical changes will begin only after the appeals court ruling takes effect, unless its implementation is further stayed during additional appeals.

The Supreme Court had previously allowed the administration to continue these deportations while the case was being litigated.

Sources:
U.S. Court of Appeals for the First Circuit - D.V.D. v. DHS
Reuters
U.S. Supreme Court

I-GUIDE provides information from official sources and does not provide legal advice.