Trump administration's 'third country' deportation policy is unlawful, judge rules
National News
The Trump administration's latest policy of deporting immigrants to "third countries" to which they have no ties is unlawful and must be set aside, a federal judge ruled Wednesday in a case that already reached the nation's highest court.
U.S. District Judge Brian E. Murphy in Massachusetts agreed to suspend his decision for 15 days, giving the government time to appeal his latest ruling in the case. Murphy noted that the U.S. Supreme Court ruled in the administration's favor last year, pausing Murphy's previous decision and clearing the way for a flight carrying several migrants to complete its trip to war-torn South Sudan, where they had no ties.
Murphy said migrants challenging the Department of Homeland Security's policy have the right to "meaningful notice" and an opportunity to object before they are removed to a third country. The policy "extinguishes valid challenges to third-country removal by effecting removal before those challenges can be raised," the judge concluded.
"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,'" Murphy wrote.
In June, the Supreme Court's conservative majority found that immigration officials can quickly deport people to third countries. Liberal justices Sonia Sotomayor and Ketanji Brown Jackson dissented, saying the ruling gives the government special treatment.
Murphy said President Donald Trump's administration has repeatedly violated — or tried to violate — his orders. Last March, he noted, the Defense Department deported at least six class members to El Salvador and Mexico without providing the process required under a temporary restraining order that Murphy issued. DHS issued its new policy guidance for third-country removals on March 30, two days after Murphy's order.
"The simple reality is that nobody knows the merits of any individual class member's claim because (administration officials) are withholding the predicate fact: the country of removal," wrote Murphy, who was nominated to the bench by Democratic President Joe Biden.
Murphy said the DHS third-country removal policy has targeted immigrants who were granted protection from being sent back to their home countries, where they feared being tortured or persecuted in other ways.
Eight men who were sent to South Sudan in May had been convicted of crimes in the U.S. and had final orders of removal, Immigration and Customs Enforcement officials have said.
Related listings
-
Kohberger Guilty Plea Fails to End Search for Idaho Murders Truth
National News 01/01/2026With a series of “yes” replies to a judge, a man accused of killing four Idaho college students pleaded guilty in exchange for life in prison and no death penalty. But left untold so far: What motivated Bryan Kohberger to commit the middl...
-
Longest government shutdown in US history ends after 43 days
National News 11/13/2025President Donald Trump signed a government funding bill Wednesday night, ending a record 43-day shutdown that caused financial stress for federal workers who went without paychecks, stranded scores of travelers at airports and generated long lines at...
-
California voters take up Prop 50, a Democratic push for more US House seats
National News 11/03/2025The national battle to control the U.S. House shifts to California on Tuesday as voters consider a Democratic proposal that could erase as many as five Republican districts and blunt President Donald Trump’s moves to safeguard his party’s...
USCIS Will Begin Accepting CW-1 Petitions for Fiscal Year 2019
On April 2, 2018, U.S. Citizenship and Immigration Services (USCIS) will begin accepting petitions under the Commonwealth of the Northern Mariana Islands (CNMI)-Only Transitional Worker (CW-1) program subject to the fiscal year (FY) 2019 cap. Employers in the CNMI use the CW-1 program to employ foreign workers who are ineligible for other nonimmigrant worker categories. The cap for CW-1 visas for FY 2019 is 4,999.
For the FY 2019 cap, USCIS encourages employers to file a petition for a CW-1 nonimmigrant worker up to six months in advance of the proposed start date of employment and as early as possible within that timeframe. USCIS will reject a petition if it is filed more than six months in advance. An extension petition may request a start date of Oct. 1, 2018, even if that worker’s current status will not expire by that date.
Since USCIS expects to receive more petitions than the number of CW-1 visas available for FY 2019, USCIS may conduct a lottery to randomly select petitions and associated beneficiaries so that the cap is not exceeded. The lottery would give employers the fairest opportunity to request workers, particularly with the possibility of mail delays from the CNMI.
USCIS will count the total number of beneficiaries in the petitions received after 10 business days to determine if a lottery is needed. If the cap is met after those initial 10 days, a lottery may still need to be conducted with only the petitions received on the last day before the cap was met. USCIS will announce when the cap is met and whether a lottery has been conducted.
