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February 26, 2026

US Judge Declares Trump’s ‘Third Country’ Deportation Policy Unlawful

The CSR Journal Magazine

A federal judge in the United States has ruled against the Trump administration’s policy of rapidly deporting migrants to countries other than their own. This decision was made by US District Judge Brian Murphy, who found that the administration’s actions violated the law by not allowing migrants a chance to contest their removal. The ruling could pave the way for an appeal by the Department of Homeland Security to the Supreme Court.

Due Process Violation

In his ruling, Murphy emphasized that it is not acceptable, nor lawful, to send migrants to foreign countries without offering them legal recourse. He underscored that due process is a fundamental right under the US Constitution, stating that individuals should not be deprived of life, liberty, or property without appropriate legal proceedings. The judge expressed his gratitude for the fortunate circumstances of being born in the United States, reaffirming the necessity of upholding constitutional rights for all individuals within the country.

Trump’s Mass Deportation Policy

This ruling marks another legal challenge for the Trump administration’s mass deportation efforts. The administration has taken a hardline stance on immigration, aiming to remove undocumented migrants and those deemed violators of immigration laws. However, advocates contend that this policy has often ignored the due process rights afforded to individuals, with many migrants having been in the country legally while their immigration cases were processed.

Concerns Over Individual Cases

Judge Murphy noted that the rapid nature of the deportations compromised the detailed examination required for each individual case. He pointed out that the conditions surrounding each deportee’s situation remain unclear due to the administration’s lack of transparency regarding the specific countries to which individuals are sent. He underscored that without understanding the host country’s circumstances, it is impossible to assess the legality of the deportations.

Responses to Administration’s Justifications

While the Trump administration argued in favor of the policy, claiming that deportations would proceed smoothly as long as there was no immediate threat to migrants’ lives, Murphy countered this argument. He firmly stated that such reasoning does not absolve the policy of its legal deficiencies. Previously, Murphy has ruled against expedited deportations to countries where migrants have no connections, and this latest ruling may face further scrutiny from higher courts, as has occurred in the past.

Previous Legal Challenges

The judge’s decision includes a 15-day delay to allow the administration time to appeal. This ruling follows a previous case involving an effort by the Trump administration to deport eight individuals to South Sudan amidst serious concerns about human rights violations there. The current ruling arose from a class-action lawsuit filed by immigrants facing deportation to countries where they had no ties.

Reactions from Legal Advocates

A lawyer representing the plaintiffs in this case, Trina Realmuto from the National Immigration Litigation Alliance, praised the ruling as a significant affirmation of the constitutional issues surrounding the policy. Realmuto highlighted that the government’s approach has led to the forcible return of individuals to nations identified by US immigration judges as places of possible persecution or torture. The ruling serves as a critical statement on the constitutionality of such deportations.

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