Appeals Court Rejects Third-Country Deportation Policy, Supreme Court Grants Cert and Stays Requirements

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Friday, October 2, 2026
Author: 
Austin Wahl
Volume: 
42
Issue: 
11
Abstract: 

            On September 18, 2026, the U.S. Court of Appeals for the First Circuit ruled that the Trump administration’s policy of deporting immigrants to third countries without adequate notice and an opportunity to object violates due process.  The decision largely affirmed a ruling in February by U.S. District Judge Brian Murphy, who had ruled that the Department of Homeland Security’s (DHS) third-country removal policy was unlawful.