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1st Circuit Rules DHS Deportation Policy Violates Due Process

By Drooid · Sep 21, 2026, 10:30 AM UTC · How we work

Summary

Story summary

The 1st U.S. Circuit Court of Appeals ruled the DHS policy violated due-process requirements.
Judge Seth Aframe said migrants must receive meaningful notice of destination and opportunity to raise persecution concerns.
The policy, adopted March 2025, permits deportations to at least 29 third countries after diplomatic assurances.
Since January 2025, more than 25,000 migrants have been deported, including over 5,400 by air to Uganda and Liberia.
DHS General Counsel James Percival announced on X that the policy remains in effect while the administration considers an appeal.

History

Historical Context

The 1996 Illegal Immigration Reform and Immigrant Responsibility Act, signed by President Bill Clinton and effective April 1 1997, introduced expedited removal and limited judicial review, causing deportations to climb from roughly 50,000 to over 200,000 by the early 2000s. The 2025 DHS notice-of-destination rule, defended by General Counsel James Percival, revives those limits, prompting a First Circuit challenge by Judge Seth Aframe.

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Story summary

The 1st U.S. Circuit Court of Appeals ruled the DHS policy violated due-process requirements.
Judge Seth Aframe said migrants must receive meaningful notice of destination and opportunity to raise persecution concerns.
The policy, adopted March 2025, permits deportations to at least 29 third countries after diplomatic assurances.
Since January 2025, more than 25,000 migrants have been deported, including over 5,400 by air to Uganda and Liberia.
DHS General Counsel James Percival announced on X that the policy remains in effect while the administration considers an appeal.

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