Judge blocks administration from deporting noncitizens to 3rd countries without due process

It blocks removing noncitizens to countries other than their place of origin.

President Donald Trump listens to a question from a reporter as he signs executive orders in the Oval Office of the White House, April 17, 2025, in Washington.

A federal judge on Friday blocked the Trump administration from deporting noncitizens to countries other than their place of origin without due process.

U.S. District Judge Brian Murphy issued an injunction that bars the Trump administration from deporting any noncitizen to a country not explicitly mentioned in their order or removal without first allowing them to raise concerns about their safety.

"Defendants argue that the United States may send a deportable alien to a country not of their origin, not where an immigration judge has ordered, 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 because of such a deportation," Judge Murphy wrote.

"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 ruling throws a roadblock in the Trump administration's policy of removing noncitizens to countries like El Salvador, Honduras, or Panama, even if the noncitizens lack an order of removal to those countries.

The Trump administration last month invoked the Alien Enemies Act to deport two planeloads of alleged Venezuelan gang members to the CECOT mega-prison in El Salvador with little-to-no due process.

Judge Murphy noted that the Trump administration officials "have applied and will continue to apply the alleged policy of removing aliens to third countries without notice and an opportunity to be heard on fear-based claims -- in other words, without due process."

President Donald Trump listens to a question from a reporter as he signs executive orders in the Oval Office of the White House, April 17, 2025, in Washington. Alex Brandon/AP

He said his order prevents the irreparable harm of noncitizens being sent to countries where they might face persecution, torture, or death without having the chance to challenge their removal in court.

"The irreparable harm factor likewise weighs in Plaintiffs' favor. Here, the threatened harm is clear and simple: persecution, torture, and death. It is hard to imagine harm more irreparable," he wrote.

Judge Murphy's order requires that the Trump administration provide noncitizens written notice before they are removed to a third country, as well as a "meaningful opportunity" to raise concerns about their safety, including providing at least 15 days to reopen their immigration proceedings.

He also certified a class -- meaning the order applies not only to the plaintiffs in the case, but also any noncitizen with a final order of removal.

Separately, Judge Murphy is considering whether the Trump administration violated his recent temporary restraining order when it removed at least three men to El Salvador without allowing them to raise concerns about their safety. He is still considering that issue.