On April 18, 2025, a federal court issued a significant decision in the case of DVD v. DHS, which challenges the U.S. government’s practice of deporting individuals to countries that were not originally identified in their removal proceedings. The case, brought by the National Immigration Litigation Alliance (NILA), Northwest Immigrant Rights Project (NWIRP), and Human Rights First (HRF), has now been certified as a nationwide class action.
What This Case Is About
This case challenges a practice known as “third-country removal” whereby the Department of Homeland Security (DHS) has deported or ƒdeplans to deport individuals to countries that:
- Were not previously designated as their country or alternative country of removal; and
- Were not identified in writing during the person’s immigration proceedings.
This practice raises serious concerns about due process and human rights, especially when individuals are sent to places where they may face danger or where they have no ties or legal protections.
Who Is Included in the Class?
The certified class includes all individuals who:
- Have a final removal order issued in proceedings under INA Sections 240, 241(a)(5), or 238(b); and
- Were deported or will be deported on or after February 18, 2025, to a country that was not previously named as a destination in their removal orders and was not identified in writing during prior proceedings.
What the Court Ordered
In response to these concerns, the court issued preliminary injunctive relief. This means DHS must now follow specific procedures before deporting a person to a third country:
- Written Notification: DHS must provide written notice to the individual and their immigration attorney (if they have one), in a language the individual understands, naming the third country where removal is being considered.
- Opportunity to Raise Fear of Return: Individuals must be given a meaningful opportunity to express any fear of return, including eligibility for protection under the Convention Against Torture (CAT).
- Reopen Proceedings if Necessary: If a person demonstrates “reasonable fear” of harm in the proposed third country, DHS must move to reopen their immigration proceedings.
- Time to Challenge Removal: If no “reasonable fear” is found, DHS must still allow the person a meaningful opportunity—and at least 15 days—to request reopening of their immigration case to challenge the third-country removal.
Why This Decision Matters
This ruling is a major development in protecting the rights of immigrants. It ensures that individuals are not deported to unfamiliar or potentially dangerous countries without warning or the opportunity to raise valid legal and human rights concerns. Key impacts include:
- Ensuring Transparency: DHS must now inform individuals about where they may be deported before taking action.
- Preserving Legal Rights: The ruling gives people a chance to seek protection and legal recourse if they fear persecution or torture in the third country.
- Setting a Legal Standard: The court’s order could influence how immigration authorities handle future cases across the country.
What’s Next?
While this decision offers important protections, litigation in DVD v. DHS is ongoing. The Department of Homeland Security (DHS) has announced plans to appeal the ruling, meaning the case could still change in higher courts. For now, the injunction remains in effect, and DHS must comply with the court’s order unless it is overturned. Immigrants and advocates are encouraged to stay informed, and those who may be affected should consult with qualified immigration attorneys like those at Joseph & Hall.
