A federal judge in Massachusetts has ruled that the Trump administration's policy of deporting immigrants to 'third countries' with which they have no ties is unlawful. US District Judge Brian E Murphy issued the decision on Wednesday, but suspended it for 15 days to allow the government time to appeal.
Judge Murphy stated that migrants challenging the Department of Homeland Security's policy have the right to 'meaningful notice' and an opportunity to object before removal to a third country. He concluded that the policy 'extinguishes valid challenges to third-country removal by effecting removal before those challenges can be raised'.
The ruling follows a previous Supreme Court decision in June that allowed immigration officials to quickly deport people to third countries. At that time, liberal justices Sonia Sotomayor and Ketanji Brown Jackson dissented, arguing the ruling gave the government special treatment.
Murphy noted that the Trump administration has repeatedly violated his orders. In March, the defence department deported at least six class members to El Salvador and Mexico without providing the required process. The DHS issued its new policy guidance for third-country removals on 30 March, two days after Murphy's order.
The judge emphasised that 'nobody knows the merits of any individual class member's claim because [administration officials] are withholding the predicate fact: the country of removal'. He added that the policy targeted immigrants granted protection from being sent back to home countries where they feared torture or persecution.
