Appeals court rejects Trump's third-country deportation policy, citing due process violations

A federal appeals court ruled Friday that U.S. immigration officials must give detainees a meaningful chance to contest deportation to countries where they…

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Source: CBS News

A federal appeals court ruled Friday that U.S. immigration officials must offer detainees a meaningful opportunity to contest any deportation to countries where they have no ties.

The ruling by the Boston-based U.S. Court of Appeals for the First Circuit marks a setback for the Trump administration's controversial third-country deportation policy, which has dropped some migrants thousands of miles from their country of origin — in some cases sending deportees from Latin America to sub-Saharan Africa.

The appellate court largely upheld a lower court order finding the policy illegal, ruling against Department of Homeland Security rules that allow federal immigration officials to send deportees to so-called third countries with little to no notice or opportunity to challenge their deportation.

The DHS policy, enacted last year, gave officials the power to send migrants to a third country without giving them any notice if that nation gave the State Department blanket assurances that it would not persecute or torture the deportees.

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 appeals court panel wrote.

DHS General Counsel James Percival said on X late Friday: The third country deportation policy continues, as the First Circuit's ruling is not currently in effect.