ICE Can Still Deport People to Third Countries — But a Federal Appeals Court Says Key Protections Must Come First

On September 18, 2026, the U.S. Court of Appeals for the First Circuit largely upheld a federal district court decision striking down DHS's challenged policy for deporting people to "third countries." If ICE tells you or a loved one that they are being sent to a country that isn't their home country, you have rights, and acting quickly matters.

What Is a Third-Country Removal?

A third-country removal happens when ICE tries to deport someone to a country other than the one identified for removal in their immigration proceedings. This most often affects people with final orders of removal, including people who cannot legally be returned to their home country because a judge granted them withholding of removal or protection under the Convention Against Torture (CAT).

What the First Circuit Decided

In D.V.D. v. DHS, the First Circuit agreed that DHS cannot use the challenged process to send someone to a third country without first providing:

• Effective notice of the specific country where DHS intends to send them, and

• A meaningful opportunity to raise a reasonable fear of persecution or torture in that country

These are important protections. They are designed to make sure no one is sent somewhere dangerous without a chance to say so.

What the Decision Does Not Do

Third-country removals have not been prohibited. ICE can still pursue them, as long as the required protections are followed. The First Circuit also modified part of the lower court's ruling about the order in which countries must be considered, so it is not accurate to say ICE must always try every other available country before turning to a third country.

What Happens Next

On September 25, 2026, the government asked the U.S. Supreme Court for emergency relief from the ruling. The legal landscape could change quickly, and we are following it closely.

What to Do If ICE Names an Unexpected Country

• Contact an immigration attorney immediately. These cases can move within days, sometimes hours

• Write down the country ICE named, when you were told, and who told you

• Tell ICE and your attorney right away if you fear persecution or torture in that country

• Keep copies of your removal order and any withholding or CAT grant easy to find

• Make sure family members have your A-number and your attorney's contact information

In some cases, emergency federal-court litigation may be necessary to stop a removal, which is another reason not to wait.

If you or a family member has a final order of removal, or ICE has identified a country you weren't expecting, contact CFR Law right away. Our removal defense team can evaluate your options and act quickly.

This post is for informational purposes only and does not constitute legal advice. Immigration law changes frequently and outcomes depend on individual circumstances — consult a licensed attorney about your specific case.