Federal appeals court blocks Trump plan to deport migrants to third countries

[Judi Lynn]

Joshua Villanueva | UC Law San Francisco, US
May 18, 2025 09:50:42 am

A federal appeals court on Friday rejected the Trump administration’s request to restart a controversial deportation policy that would send migrants to countries where they have no prior ties, including places like Libya and El Salvador.

The First US Circuit Court of Appeals denied the motion by the Department of Homeland Security (DHS) to lift a nationwide preliminary injunction issued last month, which bars immigration officials from deporting individuals to unfamiliar third countries without first allowing them to raise fears of persecution, torture, or other serious harm.

The three-judge panel said the government had failed to meet the high bar for extraordinary relief under the Supreme Court’s standard in Nken v. Holder. In their May 16 order, the judges emphasized “concerns regarding the continuing application of the Department of Homeland Security’s March 30 Guidance Regarding Third Country Removals” and underscored “the irreparable harm that will result from wrongful removals in this context.”

The court took issue with the government’s timing, noting that officials had filed only a “provisional” motion three days before US District Judge Brian Murphy’s April 18 injunction took effect. The panel also questioned the legality of recent removals involving military transport and directed the parties to address a series of unresolved legal issues in their upcoming briefs, including whether migrants have a right to meaningful judicial review before being sent to countries not identified in their original immigration proceedings.

More:
https://www.jurist.org/news/2025/05/federal-appeals-court-blocks-trump-era-plan-to-deport-migrants-to-third-countries/

[dickthegrouch]

1. Some enterprising judge should add a few other 'constraints'

Such as pointing out that because everyone subject to charges, indictments, etc in the US is innocent until proven guilty, and the standards of evidence in Federal court are well-known, the government should be required to meet those standards before renditioning (rendering?) anyone.
Another easy fix would be requiring the government to present the potential deportees in person in court every with all the new evidence the government has amassed since the previous appearance, so the court can make more rapid determinations (especially of speciousness and actual innocence) and make all final decisions in favor of the defendant "with prejudice".

The tools are available. Judiciary needs to be encouraged to use them.