A federal appeals court has struck down a Trump-era policy that allowed U.S. officials to deport migrants to third countries without providing them an opportunity to raise safety concerns. On Friday, a three-judge panel of the 1st U.S. Circuit Court of Appeals in Boston largely upheld an earlier ruling by a lower court that declared the Department of Homeland Security’s (DHS) policy unlawful.

The case, brought as a class-action lawsuit by migrants subject to deportation orders, centers on what due-process protections the government must afford before removing individuals to countries with which they have no established connection. The ruling is expected to be appealed and may eventually be reviewed by the U.S. Supreme Court.

The policy, introduced by the Trump administration in March 2025, permitted DHS to deport migrants to third nations if the government obtained credible diplomatic assurances that the individuals would not face persecution or torture there. This policy affected more than 25,000 migrants sent to at least 29 countries, including Mexico, South Sudan, Uganda, Equatorial Guinea, Liberia, and the Central African Republic.

U.S. District Judge Brian Murphy, appointed by President Joe Biden, initially struck down the policy on the grounds that it violated due-process rights. He found that the policy allowed for rapid deportations to unfamiliar and potentially dangerous countries with minimal notice to the migrants, undermining protections granted in immigration court.

Supporters of the migrants argued that the policy circumvented legal safeguards designed to protect individuals from being returned to countries where they might face harm. Trina Realmuto, a lawyer representing the plaintiffs, stated that the decision reaffirms that due process cannot be bypassed by deporting someone to a country not involved in their removal proceedings.

The Department of Homeland Security, meanwhile, maintains that the policy remains in effect while the appeals court decision is not yet enforceable. DHS General Counsel James Percival said on social media platform X that the agency retains the authority to deport migrants to third countries if they claim fear of persecution in their homeland.

Previously, the Trump administration successfully persuaded the Supreme Court to lift a preliminary injunction that had protected some migrants’ due-process rights, allowing the deportation of eight men to South Sudan. The continued legal disputes highlight ongoing tensions over how the U.S. handles deportations and due-process obligations for migrants who cannot be returned safely to their countries of origin.