Judge Rules Trump-Era 'Third Country' Deportations Illegal

Ruling cites due process violations and risks of deporting immigrants to unfamiliar, potentially dangerous countries

Published on Feb. 25, 2026

A federal judge has ruled that the Department of Homeland Security's policy of deporting immigrants to 'third countries' that are not their own is unlawful. The judge said the practice amounts to 'dropping people off in parts unknown' and violates laws that prevent deportation to places where a person's 'life or freedom would be threatened'.

Why it matters

This ruling challenges a controversial Trump-era immigration policy and could have significant implications for the treatment of immigrants facing deportation. It raises questions about the government's authority to remove people to countries where they may face harm, and whether proper due process is being followed.

The details

U.S. District Judge Brian Murphy said the Department of Homeland Security must stop the practice of deporting immigrants to countries that are not their own, which he said puts them in danger and is unlawful. The ruling stems from a class-action lawsuit filed by four non-U.S. citizens, including a Guatemalan man who was deported to Mexico where he had previously been sexually assaulted, before being sent back to Guatemala.

  • On February 25, 2026, Judge Murphy issued the ruling against the Department of Homeland Security's 'third country' deportation policy.
  • Judge Murphy suspended his order for 15 days to give the department time to appeal the case, which is expected to reach the U.S. Supreme Court.

The players

Brian Murphy

A U.S. District Judge who ruled that the Department of Homeland Security's 'third country' deportation policy is unlawful.

Department of Homeland Security

The federal agency that was ordered to stop the practice of deporting immigrants to countries that are not their own.

O.C.G.

A Guatemalan man who was deported to Mexico, where he had previously been sexually assaulted, before being sent back to Guatemala, the place an immigration judge had found he would likely be persecuted.

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What they’re saying

“It is not fine, nor is it legal.”

— Brian Murphy, U.S. District Judge

“These are our laws, and it is with profound gratitude for the unbelievable luck of being born in the United States of America that this Court affirms these and our nation's bedrock principle: that no 'person' in this country may be 'deprived of life, liberty, or property, without due process of law'.”

— Brian Murphy, U.S. District Judge

What’s next

The Department of Homeland Security has 15 days to appeal the ruling, which is expected to ultimately reach the U.S. Supreme Court.

The takeaway

This ruling challenges a controversial Trump-era immigration policy and could have significant implications for the treatment of immigrants facing deportation, raising questions about the government's authority to remove people to potentially dangerous countries and whether proper due process is being followed.