Federal Judge Declares Trump Administration’s ‘Third Country’ Deportation Policy Unlawful: Implications for Immigration Reform

The recent directive from the Trump administration, which involves deporting immigrants to “third countries” with which they have no connections, has been deemed unlawful by a federal judge. In a significant legal decision, Judge Brian E. Murphy in Massachusetts ruled on Wednesday that this policy should be overturned, marking a pivotal moment in a case that has already been presented before the U.S. Supreme Court.

Judge Murphy has agreed to delay the enforcement of his ruling for 15 days to allow the government to appeal. This decision comes in the wake of a previous Supreme Court ruling that favored the administration, permitting a flight carrying migrants to proceed to South Sudan despite the migrants having no ties there. This earlier decision had effectively paused Murphy’s initial ruling.

In his judgment, Murphy emphasized that migrants should be granted “meaningful notice” and the opportunity to contest their removal to a third country. He criticized the policy for nullifying valid challenges by executing removals before migrants can raise objections. The judge underscored the importance of due process, asserting that the removal practice undermines the legal rights of those affected.

Murphy eloquently reflected on the foundational principles of U.S. law, writing, “It is with profound gratitude for the unbelievable luck of being born in the United States of America that this Court affirms these and our nation’s bedrock principle: that no ‘person’ in this country may be ‘deprived of life, liberty, or property, without due process of law.’”

Earlier in June, the Supreme Court, with its conservative majority, ruled that immigration officials have the authority to deport individuals to third countries expeditiously. However, this decision was met with dissent from liberal justices Sonia Sotomayor and Ketanji Brown Jackson, who argued that it grants the government undue preferential treatment.

Murphy said President Donald Trump’s administration has repeatedly violated — or tried to violate — his orders. Last March, he noted, the Defense Department deported at least six class members to El Salvador and Mexico without providing the process required under a temporary restraining order that Murphy issued.

“The simple reality is that nobody knows the merits of any individual class member’s claim because (administration officials) are withholding the predicate fact: the country of removal,” wrote Murphy, who was nominated to the bench by Democratic President Joe Biden.

Murphy said the DHS third-country removal policy has targeted immigrants who were granted protection from being sent back to their home countries, where they feared being tortured or persecuted in other ways.

Eight men who were sent to South Sudan in May had been convicted of crimes in the U.S. and had final orders of removal, Immigration and Customs Enforcement officials have said.