Judge Rules Illegal Immigrants Can Dispute Third Country Deportations

The government must provide them with notice and give them opportunity to challenge their new destination, a Massachusetts judge rules.

U.S. Immigration and Customs Enforcement agents make an arrest during an early morning operation in Park Ridge, Ill., on Sept. 19, 2025. Erin Hooley/AP Photo

A federal judge ruled on Feb. 25 that the government cannot deport illegal immigrants to so-called third countries without giving them “meaningful notice” and an opportunity to dispute their removal.

In Wednesday’s ruling, Massachusetts District Judge Brian Murphy declared unlawful two policy memos, one by Immigration and Customs Enforcement (ICE) and another by the Department of Homeland Security (DHS). Those memos said that if the U.S. had received credible diplomatic assurances from a third country that deportees would not face persecution or torture, they could be sent there without any extra procedures.