A federal judge on Wednesday halted the Trump administration’s practice of deporting illegal immigrants to so-called “third countries” without first giving them notice and an opportunity to challenge their removal — setting up what could become another high-stakes Supreme Court battle over executive immigration powers.
U.S. District Judge Brian Murphy, a Biden appointee, ruled that the Department of Homeland Security’s third-country removal policy violates constitutional due process protections. The decision stems from a class-action lawsuit filed in Boston months ago by migrants challenging deportations to countries that were neither their homeland nor listed in their original removal orders.
“This case is about whether the government may, without notice, deport a person to the wrong country, or a country where he is likely to be persecuted, or tortured,” Murphy wrote in his opinion. “It is not fine, nor is it legal.”
Murphy rejected the administration’s argument that certain migrants living in the U.S. illegally are not entitled to due process. He emphasized that the Constitution’s protections apply to all “persons” within the United States, regardless of immigration status.
“These are our laws,” Murphy wrote, calling due process a “bedrock principle” that prevents any person from being deprived of life, liberty, or property without legal safeguards.
The ruling blocks DHS from carrying out third-country removals without prior notice and a meaningful opportunity for migrants to assert claims that they may face persecution or torture. However, Murphy stayed his order for 15 days, giving the Trump administration time to appeal to the First Circuit Court of Appeals.
The case has drawn intense scrutiny amid the administration’s broader deportation efforts. DHS officials have previously asserted “undisputed authority” to remove criminal illegal aliens to countries willing to accept them. Former Assistant Secretary Tricia McLaughlin argued earlier this year that blocking the policy could result in dangerous individuals being released into U.S. communities.
Murphy has presided over the case for months and previously accused the administration of failing to comply with court orders involving six migrants deported to South Sudan. He ordered that they remain in U.S. custody at a military base in Djibouti until they received “reasonable fear interviews” to assess potential risks of persecution.
The judge acknowledged that many migrants involved in the case have criminal records but stressed that criminal history does not negate constitutional protections. “But that does not change due process,” he wrote in an earlier order.
The ruling adds to a growing list of legal clashes between the Trump administration and federal courts over immigration enforcement. Lower courts have repeatedly found that migrants must receive notice and an opportunity to challenge removal decisions — a principle the Supreme Court has narrowly reaffirmed multiple times since Trump returned to office.
At the same time, the administration previously secured a separate Supreme Court victory limiting the scope of nationwide injunctions issued by lower courts.
