Federal Judge Invalidates Trump-Era 'Third-Country' Deportation Policy

U.S. District Judge Brian Murphy ruled Feb. 25 that the Department of Homeland Security policy allowing deportations to third countries without notice or a meaningful chance to object is unlawful and paused the order for 15 days to allow appeal.

The decision stemmed from a class-action lawsuit filed March 23, 2025 challenging removals to countries not listed on immigrants' final orders of removal and ordered that meaningful notice and opportunities to challenge be provided.

The Department of Homeland Security said it is confident it will be vindicated and defended removals as lawful, while plaintiffs' lawyers including Trina Realmuto said the ruling was a forceful statement on constitutionality and due process.

Murphy cited incidents including the Defense Department deporting at least six migrants to El Salvador and Mexico and a prior attempt to send eight men to South Sudan who were held at a U.S. naval base in Djibouti.

The ruling applies to people with final removal orders on or after Feb. 18, 2025 and may be appealed to higher courts after the 15-day pause, continuing litigation that reached the Supreme Court in prior emergency appeals.