Federal Judge Strikes Down Third-Country Deportation Policy: What It Means for Immigrants

On February 25, 2026, U.S. District Judge Brian E. Murphy in Massachusetts struck down the Trump administration's policy allowing immigration authorities to deport people to countries they have no connection to — without notice or any chance to object. The ruling is a major victory for due process, though the administration is expected to appeal to the Supreme Court.

This article explains what the third-country deportation policy is, why the court found it unlawful, and what immigrants with removal orders should do right now to protect themselves.

What Is Third-Country Deportation?

Normally, when the U.S. government deports someone, they are sent back to their home country — the country listed on their removal order. Third-country deportation is different. Under a Department of Homeland Security policy issued in March 2025, immigration officers could deport people to any country willing to accept them, even if the person had never been there and had no ties to it.

The policy required only that the receiving country provide "assurances" that the deportee would not face persecution or torture. Immigration officers were explicitly told not to ask the person whether they feared being sent to that country. The person could only get a review if they raised the fear on their own — without being informed of their right to do so.

Under this policy, the Trump administration approached countries like Costa Rica, Panama, Rwanda, and El Salvador about accepting deportees who were not their citizens. Most notably, the administration sent Venezuelan migrants to El Salvador's CECOT mega-prison and deported eight men to South Sudan — a war-torn country none of them came from.

What Judge Murphy Ruled

Judge Murphy found that the third-country deportation policy violates both federal immigration law and the Fifth Amendment's due process protections. His ruling made several key findings:

• No meaningful notice: Immigrants were not told where they would be sent or given any opportunity to object before removal
• Due process violated: The policy "extinguishes valid challenges to third-country removal by effecting removal before those challenges can be raised"
• Secret assurances: Nobody — not the immigrants, not their lawyers, not the public — could verify whether the receiving countries' "assurances" against persecution were real or adequate
• Government lies: DHS gave the court false information about the removal of a Guatemalan plaintiff and "repeatedly violated, or attempted to violate" the court's orders

In his ruling, Judge Murphy wrote: "These are our laws, and it is with profound gratitude for the unbelievable luck of being born in the United States of America that this Court affirms these and our nation's bedrock principle: that no 'person' in this country may be 'deprived of life, liberty, or property, without due process of law.'"

The Case That Exposed the System

One plaintiff's story revealed the full brutality of the policy. A Guatemalan man identified as O.C.G., with no criminal history, was granted legal protection preventing his deportation to Guatemala — an immigration judge found he would likely face persecution there.

The government's response? They put him on a bus to Mexico — where he had just been raped. Mexico then sent him straight back to Guatemala, the exact country the judge ruled he could not be sent to. When the court asked what happened, DHS lied about it.

Judge Murphy called this out directly: the policy specifically targeted people who had already won protection from deportation to their home countries through withholding of removal or Convention Against Torture (CAT) claims. These are people whom an immigration judge already found would face persecution or torture at home. The government's answer was to send them somewhere else entirely.

The Supreme Court Problem

This is not the first time Judge Murphy has ruled against the third-country deportation policy. The case has a complicated history:

• April 2025: Murphy issued a preliminary injunction blocking the policy
• June 2025: The Supreme Court's conservative majority lifted Murphy's injunction, ruling that immigration officials can quickly deport people to third countries
• May 2025: Eight men were deported to South Sudan despite having no ties to the country
• February 2026: Murphy issued this final ruling on the merits, finding the policy unlawful

Murphy has paused his ruling for 15 days to give the government time to appeal. The administration expects this case will ultimately be decided by the Supreme Court. Given that the conservative majority has sided with the government twice before in this case, the outcome is far from certain.

Who Is Most at Risk?

The third-country deportation policy most directly affects:

• People with withholding of removal: You won protection from being sent to your home country, but the government can try to send you elsewhere
• CAT (Convention Against Torture) recipients: You proved you would be tortured at home, but this policy allows deportation to a different country
• People with final removal orders: If you have an outstanding removal order, you are a target for third-country deportation
• Detained immigrants: People in ICE custody are most vulnerable because they cannot physically resist removal
• Asylum seekers with pending cases: The policy has been applied even to people still in proceedings

What You Should Do Right Now

Even though Judge Murphy struck down the policy, it could be reinstated on appeal. Here is what you should do to protect yourself:

How Modern Law Group Can Help

Modern Law Group has helped over 10,000 families navigate the U.S. immigration system with a 99% success rate. Our attorneys handle:

• Deportation defense — fighting removal orders and challenging unlawful deportation policies
• Bond hearings — getting detained immigrants released while their cases proceed
• Habeas corpus petitions — emergency court filings to stop unlawful detention or removal
• Asylum and withholding of removal — protecting people who face persecution in their home countries

If you or someone you love is at risk of third-country deportation, do not wait. Call us today at (888) 902-9285 for a consultation. Every day you delay is a day the government can act.