A US federal judge has ruled that the Trump administration’s policy of deporting certain immigrants to so-called “third countries” is unlawful, declaring that it fails to provide sufficient due process protections under US law.
The decision marks a significant legal setback for the administration’s immigration enforcement strategy, which sought to remove migrants not to their countries of origin but to alternative nations willing to accept them. The court held that the framework did not adequately safeguard individuals’ rights to challenge removal or to assess potential risks in the receiving country.
Court finds due process deficiencies
In his ruling, the federal judge concluded that the policy contravened statutory and constitutional protections embedded in US immigration law. Central to the judgment was the finding that affected migrants were not given meaningful notice, access to counsel, or an effective opportunity to contest transfer to a third country.
The court underscored that due process requires more than administrative efficiency. Even in the context of immigration enforcement—where executive authority is traditionally broad—procedural safeguards must be observed. The judgment emphasised that removals to third countries may expose individuals to new risks, including refoulement or indirect return to persecution, without proper evaluation.
Policy at the centre of legal challenge
The contested measure formed part of the Trump administration’s broader effort to deter irregular migration and accelerate removals. By negotiating arrangements with partner states, officials aimed to streamline deportations and reduce the burden on domestic detention facilities.
However, civil liberties organisations and immigration advocates challenged the approach, arguing that it bypassed established asylum screening standards and diluted statutory protections. They contended that migrants could be sent to countries where they had no prior ties, limited legal recourse, and uncertain humanitarian safeguards.
The administration defended the initiative as a lawful exercise of executive discretion in matters of foreign affairs and border control. Government lawyers maintained that existing procedures were sufficient and that national security considerations warranted flexibility.
Implications for immigration enforcement
The ruling halts implementation of the third-country deportation policy pending further judicial review. Legal analysts suggest that the case may proceed to appellate courts, potentially setting a precedent on the limits of executive power in immigration transfers.
Beyond the immediate policy implications, the decision reinforces judicial scrutiny over procedural fairness in removal proceedings. It signals that courts remain attentive to the balance between sovereign control over borders and individual rights under the Fifth Amendment’s due process clause.
For now, deportations under the contested framework are suspended. Whether the administration revises the policy, appeals the decision, or shifts strategy will shape the next phase of the legal and political debate surrounding US immigration enforcement.
Newshub Editorial in North America — 26 February 2026
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