A federal appeals court ruled Monday that the Trump administration may continue swiftly deporting migrants while a legal challenge to the policy proceeds.
In a 2–1 decision, the U.S. Court of Appeals for the 1st Circuit allowed the deportations to continue and moved to speed up the timeline for the next stage of the case. The panel issued its order without an accompanying explanation.
The Trump administration has expanded the use of “third-country removals” as part of its broader immigration crackdown, deporting migrants to nations other than their countries of origin. The administration has reached agreements with several countries — including Cameroon, South Sudan and Eswatini — to accept deportees.
The Department of Homeland Security (DHS) has defended the policy as a way to remove individuals it describes as particularly dangerous.
In court filings, the administration has also argued that federal judges lack the authority to intervene in how immigration enforcement policies are carried out.
The majority on the three-judge panel included Judge Jeffrey Howard, nominated by former President George W. Bush, and Judge Seth Aframe, a nominee of former President Joe Biden. Judge Lara Montecalvo, also nominated by Biden, dissented.
The ruling lifts limits imposed by U.S. District Judge Brian Murphy, another Biden nominee, who is overseeing a class-action lawsuit filed last year by four noncitizens challenging the deportation policy.
Murphy ruled last month that the administration could not deport migrants to third countries without first attempting to send them to their country of citizenship or another country with which they have ties.
“It is not fine, nor is it legal,” Murphy wrote in his decision.
His order required immigration authorities to first attempt deportation to a migrant’s country of citizenship or the country normally designated for removal. If that effort failed, Murphy said migrants must be given a “meaningful opportunity” to challenge their deportation once a third country is selected.
Murphy delayed the implementation of his ruling to allow the appeals court time to weigh in. The 1st Circuit’s order keeps his decision on hold while the appeal moves forward.
Trina Realmuto, executive director of the National Immigration Litigation Alliance, which represents the migrants, said the group welcomed the expedited timeline.
“While the order unfortunately delays implementation of the decision, we appreciate that the First Circuit ordered a swift resolution of the merits of the government’s appeal,” Realmuto said.
The dispute has already reached the Supreme Court once. Last year, the Trump administration successfully appealed to the high court after Murphy imposed earlier limits on the policy.
In a statement following Monday’s ruling, a DHS spokesperson said the court’s decision supports the administration’s position.
“The Biden Administration allowed millions of illegal aliens to flood our country, and the Trump Administration has the authority to remove these criminal illegal aliens and clean up this national security nightmare,” the spokesperson said. “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.”
