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

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, September 20, 2026 
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A federal appeals court has unanimously blocked the Department of Homeland Security from swiftly deporting immigrants to countries where they have no ties, a ruling that hands open-borders advocates a procedural win and could slow the administration's expanding deportation agreements with dozens of nations.

A three-judge panel of the U.S. Court of Appeals for the First Circuit ruled Friday that immigrants facing removal to third countries must receive prior notice of their intended destination and a meaningful chance to challenge it. The decision dismantles a DHS policy that relied on "diplomatic assurances" from receiving nations to justify sending deportees to countries they had never set foot in, sometimes without telling them where they were headed until they were already in the air.

Circuit Judge Seth Aframe, who authored the opinion, framed the issue in stark procedural terms. The ruling does not question the government's authority to deport people. It says the government cannot ship someone to a foreign country and skip the part where that person gets to object.

Deportees learned their destination mid-flight

The case drew public attention after ABC News interviewed a group of Latin American men who had been deported to the Central African Republic. The men said they were not told where they were going until several hours into the flight, a detail that became central to the legal challenge.

One of the deportees, Aristides Fernandez Garcia, described the experience bluntly:

"I feel kidnapped. They have violated all the rights that exist in life, because we are human beings."

Garcia's account is his own characterization, not a legal finding. But the court's ruling makes clear that DHS was not giving deportees adequate opportunity to raise fears of persecution in the countries where they were being sent, a procedural requirement the panel said must be met before removal.

Judge Aframe wrote:

"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."

Thirty-five countries, nearly $50 million, and growing resistance

The administration had expanded third-country deportations in recent months after securing formal deals with 35 nations, including Liberia, Ghana, Sierra Leone, and the Central African Republic. The agreements allowed DHS to remove illegal immigrants to countries other than their home nations, a significant escalation of enforcement tools.

Savi Arvey, director of policy for refugee and immigrant rights at Human Rights First, claimed the U.S. has spent nearly $50 million on those deportation agreements. Arvey characterized the policy 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 language, "most dangerous countries in the world," "corrupt autocrats," "persecution and torture", reflects the advocacy organization's framing, not independently verified conclusions. Human Rights First opposes the administration's deportation strategy broadly, and its characterizations should be read with that in mind.

What the ruling does, and what it does not

The decision is narrow in one important sense: it does not strip the government of the power to deport illegal immigrants. It imposes a procedural requirement, notice and an opportunity to contest the destination, before removal to a third country can proceed.

But narrow procedural rulings can produce broad practical consequences. If every deportee bound for a third country must first be told where they are going and given a chance to argue against it, the process slows. Lawyers file motions. Hearings multiply. The 35-country deportation framework becomes harder to operate at speed.

Several key questions remain unanswered. The ruling does not specify how much notice qualifies as "sufficient." It is unclear whether the decision applies only within the First Circuit's jurisdiction or carries broader weight. DHS has not publicly responded to the ruling. And the full case name, docket number, and specific regulation struck down were not identified in available reporting.

No word yet from DHS on next steps

The administration could appeal the ruling, seek an emergency stay, or attempt to revise the policy to comply with the court's notice requirement. None of those options has been publicly announced. The silence from DHS leaves the immediate future of the third-country deportation program uncertain.

An ICE flight operating out of King County International Airport-Boeing Field in Seattle on August 23, 2025, was referenced in connection with the broader deportation operations, though the specific link between that flight and the ruling was not detailed.

The administration built a 35-country deportation network and spent tens of millions of taxpayer dollars to make it work. One appeals court panel just told them they forgot the paperwork. Whether that omission was carelessness or strategy, the fix is the same: follow the process, or lose the tool.

About Sadie Smith

From campaign chaos to late-breaking developments, Sadie covers politics with speed and clarity. She focuses on what’s happening right now, how it got there, and why readers should care. The goal is simple: useful political coverage without the lectures.

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