A federal judge has ordered the Trump administration to give migrants at Guantanamo Bay a chance to raise safety concerns before being deported to countries other than their homeland. The decision comes after four Venezuelans were flown to El Salvador without those protections.
Key Facts:
- U.S. District Judge Brian Murphy ordered the Trump administration to comply with due process rules before deporting migrants from Guantanamo Bay to third countries.
- Four Venezuelan migrants were flown to El Salvador by the Department of Defense, allegedly without Homeland Security’s involvement.
- Judge Murphy had previously issued an injunction requiring that migrants be allowed to raise persecution or torture concerns before third-country deportation.
- The Department of Justice claimed three of the migrants were part of the Venezuelan gang Tren de Aragua.
- The U.S. is housing some migrants at Guantanamo Bay and paying El Salvador $6 million to detain Venezuelans deported there.
The Rest of The Story:
The judge’s ruling came after immigrant advocacy groups claimed the Trump administration violated an existing court order.
That order had restricted rapid deportations of migrants from Guantanamo to countries other than their own, without first allowing them to express fear of persecution.
Judge Murphy acknowledged that the four Venezuelans had been deported by the Defense Department, not Homeland Security, but insisted that no agency can bypass the required legal steps.
The judge, appointed by President Biden, chose to revise and reinforce the injunction to avoid future loopholes and ensure due process protections are observed.
Going forward, Homeland Security must comply with these legal safeguards before permitting any agency—including the Defense Department—to deport migrants from the naval base to a third country.
Additionally, it cannot transfer custody in any way that might circumvent these due process rights.
⚖️ In D.V.D. v. DHS (challenging deportation), Judge Brian Murphy (Massachusetts) amended his prior preliminary injunction to specify that DHS is prohibited from transferring custody of detained illegal aliens to other agencies (like DOD), "in any manner that prevents an alien… pic.twitter.com/WJaLUZEqAj
— Susie Moore ⚾️🌻🐶 (@SmoosieQ) May 1, 2025
Commentary:
This case is another clear sign that rogue federal judges are attempting to undermine lawful executive action.
The Constitution grants the president broad powers over immigration and national security, yet judges like Brian Murphy are making it nearly impossible to exercise those powers effectively.
The Trump administration has sought lawful and creative solutions to deal with gang-affiliated migrants from countries like Venezuela.
Housing some detainees at Guantanamo Bay, far from the U.S. mainland, is both a practical and legal strategy.
But activist judges are stepping in with legal gymnastics to delay or block deportations—even when those individuals pose serious security risks.
The claim that Homeland Security must control every action of the Department of Defense is an overreach.
The administration argued that the judge’s order only applied to DHS, and yet the court is now treating the entire federal apparatus as if it is under judicial command.
President Trump has made clear he does not want to suspend habeas corpus or ignore court orders.
But if the judiciary continues to obstruct the will of the people, the president may be forced to take decisive action.
The Constitution cannot be used as a weapon to paralyze immigration enforcement.
The fact that these deported individuals are linked to Tren de Aragua, a violent Venezuelan gang, should have warranted urgency—not judicial obstruction.
With America’s immigration system under siege, every delay increases the danger to the homeland and undermines public trust.
This judicial interference is breeding a constitutional crisis.
If lower court judges continue to abuse their authority, they are risking a confrontation they may not be prepared for.
The judiciary should return to its constitutional role—not micromanage executive security decisions.
The Bottom Line:
A federal judge has expanded an injunction to block deportations of Guantanamo-held migrants to third countries without due process.
The Trump administration now faces added legal hurdles, even when dealing with gang-affiliated individuals.
If this pattern of judicial activism continues, the executive branch may be left with no choice but to push back hard—or risk failing the American people.
The courts are inviting a constitutional showdown they may not be ready to win.
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