Overview
- U.S. District Judge Brian Murphy in Boston issued a final ruling invalidating DHS's third-country removal framework after a class-action challenge.
- The policy, set out in a March memo and July guidance, allowed deportations to countries not listed in removal orders based on diplomatic assurances or with as little as six hours' notice.
- Murphy held the process violated federal immigration law and due process because migrants lacked meaningful notice and the government's assurances were undisclosed and untested.
- The administration is expected to seek swift appellate review after the Supreme Court previously lifted Murphy's preliminary injunction and allowed removals of eight men to South Sudan.
- Earlier findings in the case cited unlawful removals or attempted removals to El Salvador, Mexico, and South Sudan, including episodes involving custody at a U.S. base in Djibouti, as DOJ argued the policy targeted the 'worst of the worst.'