[ARCHIVED - September 2025]
This case is the government’s appeal of a preliminary injunction (PI) issued by a district court to prohibit DHS from deporting noncitizens to third countries (i.e., not their home countries) without giving them any notice or ability to contest that deportation. After issuing a TRO on March 28 (that is also on appeal), the district court then issued the PI on April 18. The federal government appealed it a few days later (as they did with the TRO), asking the First Circuit to stay the PI as the appeal proceeded. On May 16, the Court of Appeals again denied that request. On May 27, the government filed an application for a stay pending the appeal with the Supreme Court.
On July 17, 2025, the Court consolidated the initial appeal of the PI with an additional appeal that the government filed to add subsequent orders regarding the injunction. The Court vacated the previously set briefing schedule and will set a new one.
Technical Summary
The complaint alleges that DHS’s policy of deporting noncitizens to third countries never raised as possible countries for removal and the February 18 directive violates the APA (arbitrary and capricious and not in accordance with law), statutory, regulatory, and constitutional rights, and the Due Process Clause of the 5th Amendment (to meaningful notice and opportunity to present a fear-based claim to an immigration judge before DHS deports a person to a third country). The complaint also alleges that the February 18 directive violates 5 U.S.C. § 552 (FOIA). Three individual plaintiffs also allege violation of the 8 U.S.C. § (a) and the Due Process Clause of the 5th Amendment.
Plaintiffs seek declaratory judgment, that DHS’s policy and the February 18 directive be set aside, and injunctive relief.
