Third‑Country Deportations Halted: A Judge’s Stand on Due Process

A federal judge in Massachusetts declared a policy that let the U. S. send migrants to countries other than their own without warning or a chance to argue against it illegal. The ruling came after a group of noncitizens sued the Department of Homeland Security (DHS) in 2023. The judge, Brian Murphy, set aside the Trump administration’s “third‑country” removal plan, which had been issued in March and reaffirmed in July. The policy meant that if a foreign country said a deportee would not face persecution or torture, DHS could send them there immediately. No notice was required, and the migrant had no right to protest unless they actively claimed fear of harm. The rule was used to target places like Costa Rica, Panama, Rwanda and even El Salvador, where Venezuelan migrants were held in a large prison. Judge Murphy argued that the policy violated federal law and the constitutional guarantee of due process. He questioned how DHS could rely on vague “assurances” from other governments, who may not even know what they were promising. The judge wrote that no person should be deprived of life, liberty or property without a fair legal process.The decision also highlighted the administration’s misconduct. In one case, a Guatemalan named O. C. G. was illegally sent to Mexico after being granted protection from deportation to his home country. DHS lied about the situation, showing a pattern of ignoring legal orders. The judge described this as an “incendiary gloss” that ignored the real risks faced by many migrants. Since March, the case has moved through several court orders. DHS repeatedly failed to follow a preliminary injunction that required written notice of the intended third country and a chance for migrants to voice fears. The judge also blocked attempts to send men with criminal records to war‑torn South Sudan, ordering them instead to be held in a small African port. The Supreme Court has allowed the policy to continue while lower‑court rulings are reviewed, but the Massachusetts judge’s injunction remains in force. His ruling stresses that even in a crisis of immigration, the government must respect basic legal rights and not abandon due process for expediency.