A federal appeals court in the United States has dealt a blow to President Donald Trump's immigration policy, ruling that migrants facing deportation must be informed of the risks of torture or persecution in the destination country. The court's decision, handed down on Friday, September 18, 2026, upheld a lower court ruling that had been suspended pending the appeal. The case involves a migrant who was facing deportation to a country where he risked being tortured or persecuted.
The appeals court found that the US government's current policy on expulsions was unlawful, as it allowed for deportations without adequate notice or opportunity for migrants to contest their removal. The court's ruling requires that migrants be informed in advance of their deportation and given sufficient time to file a claim under the United Nations Convention against Torture. The Convention, which was adopted in 1984 and ratified by the US in 1994, prohibits the return of individuals to countries where they may face torture or persecution.
The case began in March 2025, when a federal judge in Boston, Brian Murphy, blocked the deportation of migrants to Libya and later to South Sudan. The US Supreme Court, which has a conservative majority, had allowed the deportations to proceed in June 2025, pending a full hearing by the appeals court. However, in February 2026, Judge Murphy again ruled that the government's policy was unlawful, citing the case of a migrant who had been deported to Mexico and then Guatemala despite a ban on his removal to Guatemala due to his risk of persecution.
The appeals court's decision is the latest in a series of setbacks for the Trump administration's immigration policy. In June, a judge in Rhode Island invalidated restrictions on asylum and naturalization applications from nationals of 39 countries. The US Supreme Court is also set to hear a separate case on October 13 regarding the prolonged detention of immigrants without individual hearings.
The ruling has significant implications for migrants facing deportation, as it provides them with greater protection against being sent to countries where they may face harm. The court's decision also highlights the ongoing tensions between the US government and the judiciary over immigration policy. The administration has not yet indicated whether it will appeal the decision to the Supreme Court.
The case has been closely watched by immigrant rights groups, who have argued that the government's policy on expulsions is unlawful and inhumane. The decision is seen as a major victory for migrants and a significant check on the Trump administration's efforts to restrict immigration.
The US government's immigration policy has been the subject of intense debate and litigation in recent years. The administration has faced numerous challenges to its policies, including the travel ban and the border wall. The latest ruling is a reminder that the judiciary will continue to play a crucial role in shaping US immigration policy.
Key points
- A US appeals court has ruled that migrants facing deportation must be informed of the risks of torture or persecution in the destination country.
- The court's decision upheld a lower court ruling that had been suspended pending the appeal.
- The ruling has significant implications for migrants facing deportation and provides them with greater protection against being sent to countries where they may face harm.
