A federal judge in Massachusetts ruled that the Trump administration’s “third-country” deportation policy, which allowed the U.S. government to deport individuals to countries they were not from, violates due process protections under the Constitution. U.S. District Judge Brian E. Murphy found that the policy, which had led to the deportation of immigrants to countries like South Sudan despite them not being nationals there, is unlawful. Murphy’s ruling is based on the principle that immigrants must be given an opportunity to seek protections against torture and persecution before being deported.
Judge Critiques Trump Administration’s Legal Defense and Policy
Judge Murphy sharply rebuked the Trump administration’s defense of the policy, which suggested that deportations to countries where an individual may face harm were acceptable as long as there was no immediate threat to life. He emphasized that U.S. law prohibits deporting individuals to countries where they could face torture or threats to their life based on their race, religion, nationality, or political views. The ruling underscores the constitutional right to due process for all individuals within the United States, regardless of their immigration status.
Legal and Constitutional Implications of the Ruling
The ruling rejects the application of the “entry-fiction” doctrine, which the Trump administration had argued could exempt certain immigrants from due process protections. Murphy clarified that this doctrine applies only to questions of an immigrant’s admissibility and not to the protections owed under U.S. law and international conventions. The judge criticized the government’s focus on individuals from countries that do not want them returned, noting that it overlooked the rights of individuals who had previously been granted protections from deportation due to the risks they faced in their home countries. The court has issued a temporary stay to allow the government to appeal the ruling.
