Judge Blocks Trump-Era Policy of Deporting Migrants to Third Countries

BOSTON, Feb 25 – A federal judge on Wednesday ruled that the Trump administration policy allowing for the rapid deportation of migrants to countries other than their own, without providing a meaningful opportunity to raise fears of persecution or torture, is unlawful and must be struck down. U.S. District Judge Brian Murphy in Boston issued a final ruling declaring the U.S. Department of Homeland Security’s policy invalid in a case that the administration expects will ultimately be decided by the U.S. Supreme Court.

The judge, appointed by Democratic President Joe Biden, paused his ruling from taking effect for 15 days to allow the administration time to pursue an appeal, citing the case’s “importance and its unusual history.” The Supreme Court has already intervened twice, initially lifting a preliminary injunction issued by Murphy in April to protect the due process rights of migrants facing deportation to third countries, and later authorizing the deportation of eight men to South Sudan.

Whereas in effect, the earlier injunction hindered the administration’s efforts to send migrants to countries other than their places of origin, including South Sudan, Libya, and El Salvador.

Policy Challenged in Class Action Lawsuit

Wednesday’s ruling stems from a class action lawsuit challenging a Department of Homeland Security policy outlined in a March memo and subsequent guidance in July. This policy permits the rapid deportation to third countries of migrants subject to final orders of removal issued by immigration judges.

The lawsuit was filed on behalf of migrants facing deportation to countries not previously named in their removal orders or identified in their immigration court proceedings.

The policy allows migrants to be deported to such countries if immigration authorities either have credible diplomatic assurances that they will not be persecuted or tortured if sent there, or have given the migrants as little as six hours of notice that they are being sent to such a place.

Government Arguments

Department of Justice lawyers argued the policy satisfied immigration law requirements and the minimum standards for due process afforded to the migrants, who could preemptively raise any concerns about being sent to specific third countries during their immigration court proceedings.

They also argued that identifying alternative countries was essential for deporting “the worst of the worst” – migrants whose home countries refused to accept them due to crimes they committed.

Background on Judge Brian Murphy

U.S. District Judge Brian Murphy is a United States District Judge of the United States District Court for the District of Massachusetts. Brian Murphy previously served as the acting United States Under Secretary of Homeland Security for Intelligence and Analysis from May 10, 2020, until August 2, 2020. He began his career with the FBI in 1998, working there for 20 years in counterterrorism programs, including leading the investigation called Blackbear, focused on illicit financing.