The Trump administration’s attempt to fast-track deportations to third countries has suffered a setback after the US Court of Appeals for the First Circuit refused to pause a lower court order blocking the policy.

In a ruling issued Wednesday, the Boston-based appeals court denied the government’s emergency request to stay a preliminary injunction that restricts deportations of certain migrants to countries other than their own.

“The emergency motion for a stay of the April 18 preliminary injunction pending appeal and for an immediate administrative stay is denied, the government not having met the standard for the relief sought,” the three-judge panel said.

Legal standard not met

Citing the Nken v. Holder decision, the court noted that a party seeking a stay must make a “strong showing” that it is likely to succeed on the merits of its appeal and demonstrate irreparable harm, among other requirements. The panel concluded the administration failed to meet that threshold.

The dispute centres on the Department of Homeland Security’s March 30 guidance on third-country removals. Under the policy, US authorities sought to deport certain migrants to countries willing to accept them, even if those nations were not their countries of origin.

The court expressed concern about the “continuing application” of the DHS guidance and warned of the “irreparable harm that will result from wrongful removals in this context,” signalling unease about deportations carried out before full judicial review.

Broader immigration fight

The case, D.V.D.; M.M.; E.F.D.; O.C.G. v. US Department of Homeland Security, names the US Department of Homeland Security, Secretary Kristi Noem, Attorney General Pamela Bondi and other officials as defendants.

The judges directed both sides to address whether the class-wide injunction improperly restrains provisions of the Immigration and Nationality Act, and whether the statute presumes the availability of individualised judicial review for migrants subject to third-country removals.

The ruling marks a significant procedural hurdle for President Donald Trump’s broader immigration agenda, which has prioritised faster removals and expanded deportation authority. While the administration can continue its appeal, the injunction will remain in place for now, limiting the government’s ability to implement the third-country deportation policy as originally planned.