Judge Rules Third-Country Deportation Policy Unlawful

On February 25, 2026, U.S. District Judge Brian E. Murphy in Massachusetts ruled that the Trump administration's policy of deporting migrants to "third countries" - nations that are neither their home country nor listed on their removal orders - is unlawful. In an 81-page decision, Murphy found the policy violated federal immigration law and migrants' due-process rights by giving them "no meaningful opportunity" to contest removal to places where they could face persecution or torture, and he set aside a 2025 ICE policy that had expanded the practice.

The ruling addresses due-process protections for people facing rapid removal to unfamiliar countries, after the administration approached nations such as Costa Rica, Panama and Rwanda about accepting non-citizens. The Supreme Court had earlier issued emergency stays allowing the policy to continue during litigation, so the merits decision sets up a likely further appeal.

Murphy paused his order for 15 days to allow the administration to seek a stay. The Department of Homeland Security said it was confident it would be "vindicated," and the White House said the ruling "will not stand."