Trump administration third-country deportations will face fresh legal requirements after a US appeals court ruled that people must be given a meaningful chance to raise fears of persecution or torture before being sent anywhere other than their country of origin.
The unanimous decision by the US Court of Appeals for the First Circuit rejects the administration’s argument that assurances from foreign governments are sufficient protection. The three-judge panel said those assurances did not remove the need for further legal safeguards.
The judges found that the current policy conflicts with laws and regulations designed to protect detainees from torture. They also rejected the Department of Homeland Security’s attempt to create an exception to those protections.
The ruling is likely to make the third-country deportation programme slower and more difficult to operate. Under the policy, people facing removal have sometimes been sent to distant countries with only a few hours’ notice.
The administration has sent migrants to countries including South Sudan, Liberia and Equatorial Guinea. Some people deported to third countries have alleged that they were abused by Immigration and Customs Enforcement agents, claims that the Department of Homeland Security has denied.
The department has said detainees in ICE custody receive “comprehensive medical care” and has denied that anyone was beaten or tortured.
The First Circuit’s decision lifts a temporary block imposed in March on requirements set by a Massachusetts judge, Brian E Murphy. Most of those additional legal hurdles can now take effect.
However, the appeals court overturned one part of Judge Murphy’s order. It ruled that the Department of Homeland Security could not legally be required to prioritise deportees’ home countries as destinations.
Trina Realmuto, a lawyer representing the migrants who brought the case, described the judgment as “a major victory for the basic principle that the government cannot deport people to an unknown country without first telling them where they are being sent and giving them a meaningful opportunity to explain why they would face persecution or torture there.”
The administration may ask the full First Circuit to review the case or appeal to the US Supreme Court. The Justice Department did not immediately respond to a request for comment.
The dispute previously reached the Supreme Court, which allowed eight men sent to Djibouti in breach of a preliminary order by Judge Murphy to be transferred onward to South Sudan. That decision dealt with the issue temporarily while the wider legal proceedings continued.
The appeals court opinion was written by Judge Seth R Aframe, appointed by President Joe Biden. The panel also included Judge Jeffrey R Howard, appointed by President George W Bush, and Judge Lara E Montecalvo, another Biden appointee.
