Federal Judge Blocks Trump Third-Country Deportation Policy as Unlawful

A federal judge on Wednesday declared the Trump administration’s third-country deportation policy unlawful, saying it denies migrants due process by removing them to countries they have no connection to without meaningful notice or a chance to object.

The ruling, by U.S. District Judge Brian E. Murphy in Massachusetts, marks a major legal setback for the administration’s immigration enforcement strategy and could shape how the government conducts deportations going forward.

Murphy found that the Department of Homeland Security’s practice of swiftly deporting migrants to “third countries” violates federal immigration law and constitutional protections because it allows removal before migrants can raise fears of persecution or torture. Under the policy, agents could remove people to a different nation so long as the U.S. had diplomatic assurances from that government.

Though the judge ordered the policy set aside, he stayed his decision for 15 days to give the government time to appeal. The dispute stems from a class-action lawsuit brought on behalf of noncitizens challenging the policy’s legality and procedural fairness.

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Murphy criticized the policy’s lack of clarity and protections, saying migrants must receive meaningful written notice of the proposed third country and adequate time to raise fear-based claims. Advocates argue this is essential to prevent deportations that could expose vulnerable people to persecution.

The ruling comes after the U.S. Supreme Court previously allowed deportations under the policy to proceed while litigation continued, including flights to countries such as South Sudan.

The government has signaled it will appeal, likely taking the case back to higher courts — and possibly, ultimately, the Supreme Court. Meanwhile, the ruling could force DHS to revise how it handles third-country removal procedures in cases pending appeal.

What happens next: The administration is expected to file an appeal in the U.S. Court of Appeals; if that fails, the fight could return to the Supreme Court.

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