Judge bars Trump administration from removing people to third countries without due process

(CN) — A federal judge in Massachusetts ruled Wednesday that the Trump administration's policy allowing for the deportation of immigrants to "third countries" that they have no prior involvement with is unlawful.

In an 81-page-ruling, U.S. District Judge Brian Murphy — siding with a group of noncitizens who filed a class action against the Department of Homeland Security last year — said people must receive meaningful notice and the chance to challenge their deportations.

"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, thereby depriving that person of the opportunity to seek protections to which he would be undisputedly entitled," Murphy, a Joe Biden appointee, said in the ruling — adding that it is long-standing practice, and a "bedrock" principle of the U.S. to provide everyone due process.

"It is not fine, nor is it legal," he said in the ruling. "Congress made it 'the policy of the United States not to expel, extradite, or otherwise effect the involuntary return of any person to a country' where that person would be in danger of being subjected to torture."

The policy in question followed an initial March 2025 order in favor of the noncitizens, and states that immigration officers need not give notice or an opportunity to object before removing someone to a third country, as long as the government has generally received "assurances" that no persecution or torture will happen there.

The policy allows immigrants to challenge their removal, but only if they can "affirmatively" state a fear.

"This new policy ... fails to satisfy due process for a raft of reasons, not least of which is that nobody really knows anything about these purported 'assurances,'" Murphy said in Wednesday's ruling. "How can anyone even know for certain that they exist?"

"These are basic questions that the Constitution permits a person to ask before the government takes away their last and only lifeline," he added.

Under guidance from DHS's new policy, the Trump administration flew eight immigrants from Texas to South Sudan in May, despite the fact that most of the individuals were not from South Sudan, and despite a standing court order requiring 15 days' notice and an opportunity for deportees to challenge their removal to countries where they have no ties.

Murphy quickly ruled that the Trump administration "unquestionably" and "obviously" violated a court order — after which Trump officials denounced the Massachusetts judge as a "far-left activist."

One month later, the Supreme Court threw out safeguards protecting immigrants deported to countries they are not from, following a request from President Donald Trump to override Murphy's May order.

The First Circuit has already struggled to follow the Supreme Court's guidance, showing concern earlier this month over the limited notice — sometimes as short as six hours — immigrants are given to raise a complaint on why they wouldn't be safe in a given foreign country.

On Wednesday, Murphy noted that the government has held that noncitizens bear the burden of raising all potential fear-based claims during their initial hearings, even for countries not yet designated for their removal. However, the judge rejected this as a "legal impossibility," noting that requiring individuals to preemptively research and argue against every global destination is "practically absurd."

"Should an Ecuadorian woman have to know her risk of female genital mutilation in Somalia? Should a gay man keep himself apprised of bugger laws in the too-long and ever-changing list of countries that enforce them?" Murphy asked in the ruling. "No person could reasonably be expected to make detailed, prophylactic claims about every country on Earth... nor would it make sense to burden our overburdened immigration courts with their adjudication."

Murphy said the federal government must attempt to send people to the countries of removal listed on their paperwork, and he ordered the Trump administration to provide notice before any removals to give those involved the necessary time to raise a challenge.

The Trump administration has previously approached nations like Costa Rica, Panama, and others about accepting immigrants who are not citizens of said countries.

Murphy paused his ruling for 15 days to give the Trump administration time to appeal. Wednesday's order applies to people who had final removal orders and who have, or might be, deported to countries they have no prior connection to.