US judge blocks rapid third-country deportations

2026-02-26 - 07:32

A US federal court in Boston, Massachusetts has denied the Trump administration’s request to reinstate a Department of Homeland Security (DHS) policy allowing expedited deportations of migrants to countries other than their own. The decision keeps in place a judicial block on the so-called third-country removals, which critics argue expose migrants to potential torture and human rights abuses. Judge Brian Murphy cites due process In his ruling, US District Judge Brian Murphy stated that the policy conflicts with existing federal law and constitutional guarantees. “It is not fine, nor is it legal,” Murphy wrote, emphasizing that Congress has established a clear policy prohibiting the involuntary return of any person to a country where they may face torture or threats to life or freedom. He stressed that individuals facing deportation are entitled to due process, including legal representation and access to court hearings before removal. Murphy added that constitutional safeguards apply to every “person” within the United States, reaffirming what he described as a foundational legal principle that no individual may be deprived of liberty without due process of law. Concerns over third-country transfers The contested DHS policy permitted rapid deportations to third countries including El Salvador, Libya and South Sudan, even when migrants did not originate from those states. The judge questioned the reliability of diplomatic “assurances” cited by the government to justify such transfers, asking how courts or deportees could verify their scope or credibility. According to the ruling, many migrants affected by the policy may face heightened risks due to factors such as race, religion, nationality, political opinion or membership in particular social groups. Murphy noted that these characteristics could expose deportees to persecution or torture if sent to unstable regions. Legal battle heads toward Supreme Court The case originated from a class-action lawsuit filed last March by four migrant petitioners challenging the DHS procedures. While Murphy granted a temporary 15-day stay to allow the federal government to appeal, the Trump administration indicated it expects the dispute to ultimately reach the US Supreme Court. The high court had previously intervened in April 2025, overturning an earlier preliminary injunction that had blocked certain third-country deportations.