Federal Judge Blocks Trump's 'Third Country' Deportation Policy

Ruling finds policy violates due process rights of migrants in the U.S.

Published on Feb. 25, 2026

A federal judge in Boston has blocked the Trump administration from deporting illegal immigrants to 'third countries' without first giving them notice and an opportunity to challenge their removal. The judge ruled that the Department of Homeland Security's third-country removal policy is unlawful and violates due process protections under the U.S. Constitution.

Why it matters

This ruling is a significant setback for the Trump administration's aggressive deportation policies, which have faced repeated legal challenges over due process concerns. The decision affirms that the Constitution's due process protections apply to all 'persons' in the U.S., regardless of immigration status.

The details

U.S. District Judge Brian Murphy, a Biden appointee, sided with migrants who filed a class-action lawsuit challenging DHS's practice of deporting people to countries that were not their home and not previously designated in their removal orders. The judge said this policy deprived migrants of the chance to seek protections they would be 'undisputedly entitled' to, calling it 'not fine, nor is it legal'.

  • The ruling was issued on February 25, 2026.

The players

Brian Murphy

A U.S. District Judge in Boston who was appointed by President Biden.

Department of Homeland Security (DHS)

The federal agency that oversees immigration enforcement and was found to have an unlawful 'third country' deportation policy.

Trump Administration

The previous presidential administration whose aggressive deportation policies were ruled unconstitutional by the judge.

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What they’re saying

“This case is about whether the government may, without notice, deport a person to the wrong country, or a country where he is likely to be persecuted, or tortured, thereby depriving that person of the opportunity to seek protections to which he would be undisputedly entitled.”

— Brian Murphy, U.S. District Judge

“It is not fine, nor is it legal.”

— Brian Murphy, U.S. District Judge

What’s next

The Trump administration has 15 days to appeal the ruling to the First Circuit U.S. Court of Appeals.

The takeaway

This ruling is a significant victory for due process rights and a rebuke of the Trump administration's aggressive deportation policies that have faced repeated legal challenges. It affirms that the Constitution's protections apply to all people in the U.S., regardless of immigration status.