U.S. District Judge Brian E. Murphy of Massachusetts, an appointee of former President Joe Biden, ruled on February 25, 2026, that the Trump administration’s policy of deporting some immigrants to countries other than their own is unlawful because it does not provide sufficient due process protections, including meaningful notice and an opportunity to raise fears of persecution or torture.
On February 25, 2026, U.S. District Judge Brian E. Murphy of the U.S. District Court for the District of Massachusetts ruled that the Trump administration’s “third-country” deportation policy—sending immigrants to countries other than their country of citizenship or origin—must be set aside because it fails to satisfy due process.
In an 81-page decision, Murphy said the government must provide immigrants “meaningful notice” and a chance to raise country-specific objections, including fears of persecution or torture, before removing them to a third country. “It is not fine, nor is it legal,” Murphy wrote.
Murphy sharply questioned the administration’s reliance on vague “assurances” about safety in destination countries, writing that the policy “fails to satisfy due process for a raft of reasons,” including uncertainty about what the assurances cover and how their credibility is assessed.
The judge also framed the case in constitutional terms, writing that “no ‘person’ in this country may be ‘deprived of life, liberty, or property, without due process of law,’” and adding that “nobody knows the merits of any individual class member’s claim because Defendants are withholding the predicate fact: the country of removal.”
Murphy agreed to pause the effect of his ruling for 15 days to allow the government time to appeal. The policy at issue does not apply to migrants placed into expedited removal at the border.
The decision comes in a case that previously reached the U.S. Supreme Court. In June 2025, the Supreme Court set aside Murphy’s earlier injunction that had restricted rapid third-country removals. After that, immigration officials were able to proceed with removals involving a group of eight men who were sent toward South Sudan, according to reporting by the Associated Press and The Washington Post. ICE has said the men had U.S. criminal convictions and final removal orders; public reporting has said most or all were not citizens of South Sudan.
