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Recent Federal Court Order on Third-Country Removals
On March 28, 2025, the United States District Court for the District of Massachusetts issued a Temporary Restraining Order (TRO) in the case of D.V.D., M.M., E.F.D., and O.C.G. v. U.S. Department of Homeland Security, et al., Civil Action No. 25-10676-BEM. This order limits the government’s ability to deport individuals with final orders of removal to any country other than the one officially designated during their earlier immigration proceedings—commonly referred to as a “third country”—unless certain core safeguards are satisfied.
The TRO (Temporary Restraining Order ) applies nationwide. It was issued by Judge Brian E. Murphy to address concerns that the Department of Homeland Security (DHS) could remove people to a brand-new, unexpected country without proper notice or a chance to request protection under withholding of removal or the Convention Against Torture (CAT). Below is a summary of what this ruling entails and how it affects individuals with final removal orders.
Key Points of the TRO
- Advance Written Notice
Under this order, the government cannot deport someone to a third country without first providing written notice of that specific country to the individual and their attorney (if they have one). This requirement ensures that no one is taken by surprise or deprived of time to prepare an appropriate legal response. - Opportunity to Apply for Withholding and CAT Relief
Before being removed to a third country, the individual must be given a “meaningful opportunity” to file an application for protection. This includes:- Withholding of removal under 8 U.S.C. § 1231(b)(3) (protection from persecution on account of a protected ground), and
- Protection under the Convention Against Torture (CAT) (protection from torture).
- No Removal Until a Final Decision
If the person files a claim for withholding or CAT protection based on fear of harm in the third country, removal must be put on hold until there is a final decision on that application. In other words, the government cannot carry out a deportation until an immigration judge (and, if appealed, the Board of Immigration Appeals) rules on the newly raised protection claim. - Nationwide Effect
The court explicitly states these requirements protect “any individual subject to a final order of removal” who might be sent somewhere other than the country originally named in their removal proceedings. This means all immigration officers must comply, and no bond is required from affected individuals to invoke these protections. - Duration of the Order
The TRO remains in effect until the court decides on the plaintiffs’ broader request for a preliminary injunction. While temporary in legal terms, it is fully binding on the government so long as it remains in force. Failure to adhere to the TRO could lead to further court intervention.
Final Orders of Removal
A final order of removal is the endpoint in immigration court proceedings, signifying that an individual has been legally ordered to leave the United States. Once that order is final, the Department of Homeland Security generally has the authority to remove the person—unless some recognized form of protection applies.
Withholding of Removal
Under 8 U.S.C. § 1231(b)(3), withholding of removal protects individuals from deportation to a country where they are likely to face persecution for reasons such as race, religion, nationality, political opinion, or membership in a particular social group.
- Country-Specific: If an immigration judge grants withholding for a specific country, the U.S. government cannot send the person there. However, until this TRO, the government could sometimes attempt to remove that individual to a different “third country” instead.
Convention Against Torture (CAT)
The Convention Against Torture prohibits any signatory nation (including the U.S.) from removing someone to a country where they will probably face torture. The law implementing CAT ensures:
- Individuals can apply for CAT protection if they can show it is “more likely than not” that they would be tortured by (or with the consent of) authorities in a particular country.
- Once CAT is granted for that country, removal cannot happen there—though the individual may remain under a final order of removal in a broader sense.
How the TRO Changes Third-Country Removals
The recent federal court order confirms that even if a person already has a final order of removal, DHS must:
- Notify them if DHS contemplates sending them to a new or previously undiscussed country, and
- Allow them to raise or file a claim of fear (e.g., CAT) specifically tied to that third country.
Until an immigration judge or higher authority rules on that new claim, removal to that third country cannot proceed.
Frequently Asked Questions (FAQs)
Who Does the TRO Affect?
Does This Stop My Original Removal?
No. The TRO does not prevent DHS from removing someone to the country originally designated in their removal order—unless there is another form of relief or stay in place. It specifically prohibits removal to a new, unexpected country unless the government follows the steps spelled out in the order.
How Do I Apply for CAT or Withholding of Removal if a Third Country Is Proposed?
Once you (or your attorney) receive written notice of a new country of removal, you must file a request for protection with the immigration court. This generally involves:
- Submitting Form I-589 (Application for Asylum and for Withholding of Removal), marking the sections for withholding and CAT if fear of torture exists.
- Presenting documentation or testimony about the risk of harm in the newly named country.
What If I Already Have Withholding or CAT for My Home Country?
How Long Will This TRO Last?
Where Can I Read the Exact Order?
You can view the TRO in the file “Order granting TRO.pdf,” labeled as Document 34 in D.V.D. v. U.S. Department of Homeland Security, Civil Action No. 25-10676-BEM (D. Mass.). The signed order details the obligations the government must meet when attempting to remove individuals to a third country.
How Can I Use This Ruling if I Believe DHS Isn’t Following It?
If you or your attorney suspects DHS is bypassing these requirements—e.g., by failing to provide the mandatory notice or attempting to remove you before your application for protection is heard—this could violate the court’s TRO. Consider contacting an immigration attorney immediately to seek further relief from the federal court.
Conclusion
This Temporary Restraining Order in D.V.D. et al. v. DHS underscores the principle that no one with a final order of removal should be transferred to an unfamiliar or dangerous country without notice and a fair chance to assert protection claims. By imposing these requirements nationwide, the Court ensures that Convention Against Torture and withholding of removal safeguards remain meaningful and effective.
Key Takeaways:
- Written notice is now mandatory if the government wants to remove you to a new country.
- You have a legal right to apply for withholding of removal or CAT specifically for that third country.
- Removal must pause until the immigration court finalizes any new claim for protection.
- The TRO applies nationwide and remains in effect unless the court changes or lifts it.
Disclaimer: This article reflects current regulations and the most recent court order. It is not legal advice; individuals facing removal should consult a qualified immigration attorney for personalized guidance.
References
- Order Granting TRO (D.V.D. et al. v. DHS, No. 25-10676-BEM (D. Mass. Mar. 28, 2025)):
See Order granting TRO.pdf for the full text. - 8 U.S.C. § 1231(b)(3) – Governs Withholding of Removal.
- Convention Against Torture (CAT) – Implemented in U.S. immigration regulations; see Department of Justice, EOIR materials.
For official updates, check the court docket or visit the U.S. Department of Justice – Executive Office for Immigration Review (EOIR) website.
