Federal Judge Slams Trump Administration's Controversial 'Third-Country' Deportation Strategy

A federal judge delivered a sharp critique on Wednesday regarding a controversial deportation policy from the Trump administration, which permits the removal of immigrants to “third countries” where they lack connections.

This policy, outlined in Department of Homeland Security memos last year, enabled officials to deport individuals to nations other than their homeland with minimal notification. District Court Judge Brian E. Murphy ruled that this approach was unlawful, lacking adequate due process safeguards.

Appointed by President Biden, Murphy asserted that the administration must first consider deporting individuals to designated countries before resorting to “third country” removals. Furthermore, if officials attempt such deportations, they are required to provide “meaningful notice” and allow individuals to present country-specific claims against their removal.

“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,’” Murphy stated in his ruling. “It is not fine, nor is it legal.”

To allow for an appeal, Murphy has temporarily paused his ruling for 15 days.

A spokesperson for the Department of Homeland Security expressed confidence in their position, noting, “The Supreme Court previously issued two separate emergency stays against Judge Brian Murphy in this case, and we are confident we will be vindicated again.”

“DHS must be allowed to execute its lawful authority and remove illegal aliens to a country willing to accept them,” the spokesperson added.

The third-country deportation policy was initially detailed in a memo last March, which indicated that deportations could occur if credible assurances were received from those nations that immigrants would not face “persecution or torture.” However, a July memo revealed that deportations could happen with as little as six hours' notice, even without such assurances.

Since the beginning of Trump’s presidency, agreements have been established with countries like El Salvador, Rwanda, and Guatemala for deportations. These nations have faced scrutiny for human rights violations in the past.

If the administration chooses to appeal this ruling, the legal battle could escalate to the Supreme Court. Previously, the Supreme Court had suspended a ruling by Murphy that granted detainees greater opportunities to contest potential removals to third countries.