- Opportunity for fear-based objection needed for due process
- Class action granted for injunctive and declaratory relief
The Trump administration must stop deporting people to places other than their country of origin, so-called “third countries,” without giving them a chance to object, a Massachusetts federal judge ordered Friday.
“The Court finds it likely that Defendants 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,” Judge Brian Murphy of the US District Court of Massachusetts ruled Friday, partially granting a preliminary injunction to the migrant plaintiffs.
He added the Trump administration officials have “repeatedly argued that they have no obligation to provide any process whatsoever when newly designating a third country for removal.”
Migrants must be given a “small modicum” of due process and have an opportunity to be informed if they will be deported to a new country, and to explain why that would result in their persecution, torture, or death, Murphy said.
“It is hard to imagine harm more irreparable,” Murphy said, though he stopped short of requiring “the full extent of process Plaintiffs propose.”
The order effectively maintains Murphy’s temporary restraining order granted in March. Murphy also granted class status for injunctive and declaratory relief to the plaintiffs.
The case is D.V.D. v. U.S. Dept. of Homeland Security, D. Mass., No. 1:25-cv-10676, 4/18/25.
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