In a sharp blow to efforts aimed at reviving fast-track deportations, a federal appeals court on Monday refused to clear the way for the Trump team to resume sending migrants to countries not previously mentioned in their removal proceedings—without giving them a shot at proving they’d face danger.
The First Circuit Court of Appeals, based in Boston, shut down a request from the former president’s administration to freeze a nationwide temporary restraining order issued late last month. That order had, for the moment, put the brakes on a controversial immigration policy that immigrant advocates say risks tossing people into the jaws of persecution or torture.
The ruling leaves in place a significant roadblock to deporting migrants to third countries without prior notice or safeguards—an approach that has drawn sharp criticism from rights groups.
At the heart of the case is a lawsuit filed last month on behalf of several migrants, challenging an Immigration and Customs Enforcement directive aimed at accelerating deportations for individuals who were released from detention but remained under final removal orders. The policy, critics say, cuts corners on legal process and could send people to places they never had the chance to contest in court.
U.S. District Judge Brian Murphy, who was appointed by President Biden, found enough red flags to warrant the temporary order, noting that deporting people to unexpected countries—without a hearing—could violate both U.S. law and international agreements like the Convention Against Torture.
The Justice Department wasn’t thrilled, warning the court that the executive branch’s ability to negotiate returns with foreign governments had been undermined. But the appeals panel wasn’t persuaded, pointing out that short-term restraining orders typically aren’t up for appeal unless they evolve into longer-term injunctions. Murphy is expected to revisit that question in a hearing later this week.
In the meantime, the Department of Homeland Security has issued new guidance requiring diplomatic assurances that migrants won’t be mistreated before sending anyone to a third country. Still, advocates say that’s far from enough—arguing the rulebook is being rewritten on the fly and still leaves lives hanging in the balance.
So for now, the fast lane to deportation remains closed.
