Judge Says DHS Deportations Likely Violate Due Process

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A plane carrying Venezuelans deported from the United States lands at Simon Bolivar International Airport in Maiquetia, Venezuela, Monday, Jan. 19, 2026. (AP Photo/Matias Delacroix)
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WASHINGTON (AURN News) — A federal judge in Massachusetts is temporarily blocking the Department of Homeland Security from deporting migrants to countries not listed in their original removal orders without first giving them notice and an opportunity to object.

In a sharply worded ruling, U.S. District Judge Brian Murphy said even people with final removal orders are entitled to due process if the government designates a new country for deportation.

The court found it is likely unconstitutional to deport someone without giving them a meaningful opportunity to argue they could face persecution, torture or even death.

The ruling came in a class-action lawsuit, D.V.D. v. Department of Homeland Security, filed in the U.S. District Court for the District of Massachusetts. In that case, one plaintiff had already been deported, and others feared they could be next. The judge cited U.S. obligations under the Convention Against Torture and wrote that constitutional protections continue to apply during the deportation process.

The temporary restraining order blocks those deportations for now but does not halt detentions or require the government to return anyone who has already been removed.


Click play to listen to the report from AURN White House Correspondent Ebony McMorris. For more news, follow @E_N_McMorris & @aurnonline.

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