A federal judge declared the Trump administration’s rapid deportation of illegal migrants to countries other than their own to be unlawful.
Judge Brian Murphy of Massachusetts, appointed to the bench by the Biden administration, ruled Wednesday that the White House’s policy of rapidly deporting foreign nationals to so-called “third countries” is illegal, according to court documents. The ruling marks the latest courtroom setback for the Trump administration’s deportation agenda, which has faced scrutiny from both immigration hawks and those opposed to hardline enforcement.
In a lengthy 81-page ruling, Murphy concluded that the rapid removal of illegal migrants to third countries did not provide them with a “meaningful opportunity” to raise fears of persecution or other legitimate concerns.
“This case is about whether the Government may, without notice, deport a person to the wrong country, or a country where he is likely to be persecuted, or tortured, thereby depriving that person of the opportunity to seek protections to which he would be undisputedly entitled,” Murphy stated. “The Department of Homeland Security has adopted a policy whereby it may take people and drop them off in parts unknown—in so-called ‘third countries’—and, ‘as long as the Department doesn’t already know that there’s someone standing there waiting to shoot . . . that’s fine.’”
“It is not fine, nor is it legal,” the Biden judge concluded.
However, Murphy paused his ruling from taking effect for 15 days, allowing time for the Trump administration to appeal due to the court case’s “extraordinary circumstances.” The fight is expected to ultimately reach the Supreme Court.
The Department of Homeland Security did not immediately respond to a request for comment from the Daily Caller News Foundation.
The current court battle stems from a class action lawsuit challenging the Trump administration’s guidance that paved the way for quick third-country deportations of foreigners with final orders of removal issued by immigration judges. The plan is one facet of the White House’s goal to execute the largest deportation operation in the country’s history.
Congressional Democrats are currently attempting to force the White House to accept restrictions on immigration enforcement agents, such as permission from local officials and signed judicial warrants before certain arrests, with DHS funding now on the line over the fight. At the same time, major conservative organizations are pushing President Donald Trump to use his second year back in office to ramp up the removal of illegal migrants.
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