REGULATORY · MARKET STRUCTURE · USA
US federal court blocks DHS policy for rapid third-country deportations
Change
A U.S. district judge ruled DHS’s policy allowing rapid deportation of migrants to countries other than their own without a meaningful chance to raise persecution/torture fears is unlawful and struck it down, with the order stayed for 15 days to allow an appeal.
Why it matters
The decision invalidates a DHS policy (documented in a March memo and later July guidance) that enabled rapid deportations to third countries for migrants already under final removal orders, without what the court deemed a meaningful opportunity to present fear-based claims. The judge issued a final ruling striking the policy, but delayed its effect for 15 days to allow the administration to seek appellate relief. The administration has indicated it expects the dispute to reach the U.S. Supreme Court. If the ruling takes effect, operational timelines and screening processes for third-country removals face tighter legal constraints.
Implications
- • Third-country deportations face a near-term legal constraint after the 15-day stay.
- • DHS removal operations may require added process for fear/persecution claims.
- • Ongoing removals under the challenged policy face heightened litigation exposure.
- • Appellate action could determine whether the policy remains usable during review.
Who is affected
- • U.S. Department of Homeland Security and immigration enforcement operators
- • Migrants with final removal orders facing transfer to third countries
- • Immigration attorneys and legal aid groups litigating removal procedures
- • Third countries receiving U.S. deportees under alternate-country arrangements
Source
Topics
World & Politics Policy & Regulation Migration Law & Public Safety Court Rulings