A U.S. Federal judge blocked a policy of the Donald Trump administration that allowed for the rapid deportation of migrants to other countries without first hearing their reasons or fears of persecution or torture.
Policy Deemed Unlawful
On Wednesday, February 25, 2025, Judge Brian Murphy in Boston ruled the measure by the Department of Homeland Security (DHS) unlawful and ordered it eliminated. The government indicated a possible appeal to the U.S. Supreme Court.
According to Reuters, Judge Murphy – appointed by former Democratic President Joe Biden – suspended the implementation of his ruling for 15 days to allow the government time to file an appeal, citing the “importance and unusual trajectory” of the case.
Previous Supreme Court Review
This matter has already been reviewed twice by the U.S. Supreme Court. First, the high court lifted a preliminary order issued by Murphy in April that protected the due process rights of migrants facing deportation to third countries. Later, the Supreme Court allowed eight men to be sent to South Sudan.
Lawyers from the Department of Justice (DOJ) argued the policy complied with immigration law and minimum due process guarantees. They maintained migrants could previously express any fears about potential alternative destinations during their hearings.
They also argued identifying alternative receiving countries was key to expelling “the worst of the worst,” referring to migrants whose countries of origin refused to accept them due to committed crimes.
The ruling stems from a collective lawsuit against a Department of Homeland Security policy documented in a March memorandum and subsequent July guidance. This policy authorized the expedited deportation to third countries of migrants with final orders of expulsion issued by immigration judges.
The lawsuit was filed on behalf of individuals facing transfer to nations not listed on their original orders or identified during their immigration processes.
Frequently Asked Questions
What did the Trump administration’s policy allow?
The policy allowed immigration authorities to deport migrants to countries other than their own without giving them an opportunity to appeal their removal.
Who issued the ruling against the policy?
U.S. District Judge Brian Murphy in Massachusetts issued the ruling.
What is the government’s next step?
The government indicated it may appeal the ruling to the U.S. Supreme Court.
Will the outcome of this case reshape immigration policy and the balance between enforcement and individual rights?
