Overview
- U.S. District Judge Brian E. Murphy ruled that DHS’s policy allowing deportations to countries other than a migrant’s own without meaningful notice or a chance to object is unlawful.
- The court found the framework violated due process by permitting removals with as little as six hours’ notice and by relying on opaque diplomatic ‘assurances’ that the judge said no one can meaningfully scrutinize.
- The decision arises from a class action on behalf of noncitizens with final removal orders who were, or could be, sent to countries not identified in their immigration proceedings.
- Murphy stayed his order for 15 days to allow the administration to appeal to the First Circuit, with both sides anticipating another potential trip to the U.S. Supreme Court.
- The ruling follows a turbulent year in which the Supreme Court twice lifted Murphy’s earlier orders, including clearing a flight routing detainees toward South Sudan after a Djibouti stop, as the administration defended third‑country transfers as necessary when home nations refuse returns.