A U.S. federal judge has issued a sweeping injunction against the Trump administration’s practice of deporting noncitizens to countries other than their country of origin without first giving them a chance to raise safety concerns — a move hailed as a major check on executive immigration policy.
On Friday, U.S. District Judge Brian Murphy ruled that the government must provide noncitizens facing deportation with written notice and a meaningful opportunity to contest transfers to third countries, citing due process protections under U.S. law.
The case stems from the administration’s recent use of the Alien Enemies Act to justify deporting individuals — including alleged Venezuelan gang members — to high-risk nations like El Salvador, even when their removal orders did not designate those destinations. Some of these deportations reportedly occurred with little to no legal process.
Judge Murphy’s ruling halts the practice, stating:
“Defendants argue that the United States may send a deportable alien to a country not of their origin… where they may be immediately tortured and killed, without providing that person any opportunity to tell the deporting authorities that they face grave danger or death,” he wrote in the decision, sharply rejecting the argument.
“All nine sitting justices of the Supreme Court of the United States, the Assistant Solicitor General of the United States, Congress, common sense, basic decency, and this Court all disagree.”
The injunction applies broadly to all noncitizens with final removal orders, not just the named plaintiffs, effectively creating a class-wide protection. It mandates that the government give at least 15 days’ notice before a deportation to any third country and allow individuals to reopen immigration proceedings if they raise credible fears of persecution, torture, or death.
Judge Murphy emphasized the potential for “irreparable harm,” noting that the risk of sending individuals to unsafe countries without hearing their claims constitutes a clear violation of fundamental rights.
“The threatened harm is clear and simple: persecution, torture, and death. It is hard to imagine harm more irreparable,” he wrote.
The Department of Justice has not yet responded to the ruling. Meanwhile, Judge Murphy is also reviewing whether the administration violated an earlier temporary restraining order by deporting at least three men to El Salvador before they could raise safety concerns — a separate matter still pending.
This decision represents a significant legal rebuke of the Trump administration’s broader immigration enforcement strategy and may set a precedent for how future administrations handle third-country deportations.
Sources:
- U.S. District Court decision, Judge Brian Murphy
- Public court filings and case documentation
- Reporting from major outlets including The Washington Post, Reuters, and The New York Times (if directly referenced or quoted, proper citations should be included accordingly)
