Judge Rules Illegal Immigrants Can Dispute Third Country Deportations

The government must provide them with notice and give them opportunity to challenge their new destination, a Massachusetts judge rules.

Published on Feb. 26, 2026

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A federal judge in Massachusetts ruled that the government cannot deport illegal immigrants to third countries without giving them 'meaningful notice' and an opportunity to dispute their removal. The judge declared unlawful two policy memos by Immigration and Customs Enforcement (ICE) and the Department of Homeland Security (DHS) that allowed deportations to third countries without extra procedures.

Why it matters

This ruling aims to provide more due process protections for illegal immigrants facing deportation, requiring the government to give them notice and a chance to challenge being sent to a third country rather than their home nation. It could impact the government's ability to quickly deport certain immigrants, especially those with criminal records, to other nations.

The details

In the ruling, Judge Brian Murphy said the government's policy of deporting people to 'parts unknown' without notice or a chance to object was unlawful. He said federal regulations require illegal immigrants be deported to their home country or another as designated by an immigration judge, and they have the right to 'raise a country-specific claim' against being sent to a third nation. The case was brought by four plaintiffs in a class-action suit after the government tried to deport them to countries other than their home nations.

  • On February 25, 2026, Judge Murphy issued the ruling.
  • In April 2026, the judge expanded the class of plaintiffs to include anyone with a final removal order to a third country after February 18, 2025.
  • On April 18, 2026, the judge blocked the removals to third countries.
  • On May 21, 2026, the judge found the government had violated his order by removing six individuals to South Sudan in Africa.

The players

Brian Murphy

A Massachusetts District Judge who ruled that the government cannot deport illegal immigrants to third countries without giving them notice and an opportunity to dispute their removal.

Immigration and Customs Enforcement (ICE)

A federal law enforcement agency that had adopted a policy allowing deportations to third countries without extra procedures.

Department of Homeland Security (DHS)

A federal department that had also adopted a policy allowing deportations to third countries without extra procedures.

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What they’re saying

“[DHS] has adopted a policy whereby it may take people and drop them off in parts unknown ... and, 'as long as the Department doesn't already know that there's someone standing there waiting to shoot ... that's fine,'”

— Judge Brian Murphy (The Epoch Times)

“It is not fine, nor is it legal.”

— Judge Brian Murphy (The Epoch Times)

What’s next

The federal government has appealed to the Supreme Court, which stayed Judge Murphy's order in June. The judge has suspended his own February 25 ruling for 15 days, giving the government time to ask an appeals court to halt it for a longer period.

The takeaway

This ruling aims to provide more due process protections for illegal immigrants facing deportation, requiring the government to give them notice and a chance to challenge being sent to a third country rather than their home nation. It could impact the government's ability to quickly deport certain immigrants, especially those with criminal records, to other nations.