A federal judge on Wednesday struck down the Trump administration for deporting illegal immigrants to countries other than their own.
The ruling came as the result of a class-action lawsuit brought by noncitizens challenging deportations to “third countries” without notice or a chance to challenge the proceedings.
U.S. District Judge Brian Murphy in Boston ruled against the policy, arguing that the government does not have the authority to send illegal immigrants to unfamiliar nations and must follow established federal law. The judge paused his ruling for 15 days to give the White House a chance to appeal.
"Trump administration's third-country deportation policy unlawful, judge finds" Published: February 25, 2026
— Dr. Cole (@1drcole) February 25, 2026
Thumbnail Sketch - Federal Judge Brian E. Murphy (U.S. District Court, Boston) issued an 81-page ruling declaring the Trump administration's policy of rapidly deporting… pic.twitter.com/ecTz0GSFV9
The policy comes from a March Department of Homeland Security (DHS) memo. It applies to illegal immigrants with final orders of removal from immigration judges, Reuters reported. The memo allowed DHS to deport people to third countries if officials have “credible diplomatic assurances” that the individuals will not face persecution or torture.
The policy notes that officials “will not affirmatively ask whether the alien is afraid of being removed to that country,” which means that a potential deportee would have to raise the issue themselves in order to have their claims taken into account. The administration approached several countries, including Panama, Rwanda, and Costa Rica about accepting illegals who are not their citizens. The White House entered into a deal with El Salvador to detain Venezuelan migrants at its CECOT prison.
Murphy claims the policy is unlawful because it does not give deportees a chance to raise fears of persecution or torture before being sent to a third country. The judge rejected the notion that immigration authorities can rely on the word of the governments of the nations to which deportees would be sent about whether they will face persecution.
A liberal judge?
— Blanche Victoria (@tammytabby) February 26, 2026
Supreme Court said Trump can deport -
Trump administration’s ‘third country’ deportation policy is unlawful, judge rules.
Trump should follow the SC ruling -
US District Judge Brian E Murphy in Massachusetts agreed to suspend his decision for 15 days, giving… pic.twitter.com/xNfoENiKB8
Tricia McLaughlin, DHS assistant secretary, criticized the ruling. “If these activist judges had their way, aliens who are so uniquely barbaric that their own countries won’t take them back, including convicted murderers, child rapists and drug traffickers, would walk free on American streets,” she said. “DHS can now execute its lawful authority and remove illegal aliens to a country willing to accept them. Fire up the deportation planes.”
The Justice Department insisted the policy complied with immigration law requirements and that illegal immigrants could have raised the concerns earlier in the process.
The Supreme Court has ruled twice on this issue. It lifted a preliminary injunction Murphy issued in April, which allowed eight men to be sent to South Sudan. The injunction came about because the administration tried to send deportees to South Sudan, Libya, and El Salvador. Murphy accused the administration of violating his orders.
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