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A federal judge in Massachusetts ruled the Department of Homeland Security (DHS) policy that allows the deportation of immigrants to third countries without prior notification or the opportunity to contest their transfer as illegal.
According to CBS News, District Judge Brian Murphy sided with a group of non-citizens who filed a class-action lawsuit last year against the DHS and ordered the repeal of the deportation policy to third countries promoted by the administration of President Donald Trump.
However, it suspended the enforcement of its ruling for 15 days to allow the government to file an appeal.
The regulation, issued in March and reaffirmed in July, stated that immigration officials were not required to notify or offer migrants the option to object to their transfer to a third country—different from the one indicated in their deportation order—as long as that country had assured that they would not be persecuted or tortured.
The judge ruled that this policy violates federal immigration law and the right to due process.
In its ruling, it questioned the lack of transparency regarding the alleged "guarantees" offered by third countries and stated that the Constitution allows anyone to challenge those decisions before the government deprives them of their freedom.
Murphy, appointed by former President Joe Biden, stated that under DHS policy, migrants could be arrested and sent to undisclosed locations as long as the government had no evidence that they would face violence.
"It is neither correct nor legal," wrote the magistrate, citing federal protections against persecution and torture.
The case arose after four foreigners filed a class-action lawsuit last March.
In April, the judge issued a preliminary order requiring immigration authorities to provide written notification of the country to which individuals could be sent and to offer a meaningful opportunity to claim fear of persecution, torture, or death.
The legal dispute escalated to the Supreme Court, which in June allowed deportations to third countries to continue while the lawsuits progressed in lower courts.
Days later, the highest court authorized the deportation of a group of migrants held at a U.S. naval base in Djibouti to South Sudan.
In response to the new ruling, the Department of Homeland Security defended the constitutional authority of the government to deport immigrants in irregular situations and stated that it is confident it will be vindicated again in higher courts.
The White House also criticized the decision and stated that the administration will continue to enforce federal immigration law and move forward with its mass deportation campaign.
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