Boston Judge Rules DHS Deportation Policy Unlawful

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A federal judge in Boston has ruled that a Department of Homeland Security policy allowing rapid deportations of migrants to countries other than their home nations is unlawful. U.S. District Judge Brian E. Murphy found the policy violated due process and the Convention Against Torture, but he put the order on hold for 15 days to allow the government to appeal.

Why it matters

This ruling is a significant setback for the federal government's efforts to accelerate deportations through the use of third-country removals, which have drawn criticism from immigrant advocates concerned about due process and the risk of sending vulnerable people to places where they could face persecution or torture.

The details

Judge Murphy found that the DHS policy, laid out in a March 2025 memo, allowed people to be deported overseas without a meaningful chance to explain fears of persecution or torture. The policy had two main tracks - one allowing deportations if the receiving country offered 'credible diplomatic assurances,' and another giving migrants very short notice to raise any concerns on their own. The judge ruled this violated basic due process and the Convention Against Torture's ban on refoulement.

• On April 2025, Judge Murphy issued a preliminary injunction against the policy.
• On June 23, 2025, the U.S. Supreme Court temporarily blocked the injunction, allowing some third-country removals to resume.
• On February 26, 2026, Judge Murphy issued a final ruling finding the policy unlawful, but stayed the order for 15 days to allow the government to appeal.

What’s next

The government has already filed notices of appeal in the First Circuit, and the 15-day stay on Judge Murphy's order is designed to give officials time to pursue expedited review. If the administration loses on appeal, the fight could again reach the Supreme Court.