[ARCHIVED - September 2025]
This is an appeal of a temporary restraining order (TRO) 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. The district court issued the TRO on March 28, and the federal government appealed it the same day and asked the First Circuit Court of Appeals to stay (pause) the TRO pending completion of the full appeal. On April 7, 2025, the First Circuit denied that motion, explaining that TROs are not appealable.
The parties now have a briefing schedule for the full appeal.
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.
