JUST IN: Biden Judge Bars DHS From Transferring Illegal Aliens to Other Agencies After Four Venezuelan Gang Members Were Flown from Gitmo to El Salvador |

Federal Judge Blocks DHS from Transferring Migrants to Other Agencies

In a noteworthy ruling on Wednesday, a federal judge has placed a legal roadblock in front of the Department of Homeland Security (DHS), preventing it from transferring undocumented migrants to other government agencies such as the Department of Defense. This decision, rendered by U.S. District Judge Brian Murphy—a nominee of President Biden—centered on the principle of due process, which the judge argued must be upheld in the treatment of migrants.

Judge Murphy emphasized, “After taking custody of an alien, Defendants may not cede custody or control in any manner that prevents an alien from receiving the due-process guarantees…” This statement underscores a fundamental legal principle: that individuals, regardless of their immigration status, have rights that must be respected under U.S. law.

JUST IN: A federal judge has barred DHS from transferring migrants to other agencies (like DOD) in order to sidestep due process guarantees before deportation. pic.twitter.com/Sb0KMg5r0D

— Kyle Cheney (@kyledcheney) April 30, 2025

Background Context: The Recent Transfer Controversy

This ruling comes on the heels of a controversial incident in which four Venezuelan gang members were transported from the U.S. Naval Station at Guantanamo Bay to El Salvador last month. Judge Murphy had previously issued a temporary restraining order, which he later escalated to an injunction, mandating that DHS must allow migrants to voice any safety concerns before they can be deported to countries other than their homeland.

According to reports by Reuters, Judge Murphy’s order was prompted by advocacy groups who argued that the administration had flouted his earlier ruling by facilitating the deportation of these Venezuelans without adequate process.

A federal judge ordered the Trump administration on Wednesday to ensure migrants held at Guantanamo Bay are given a chance to raise any concerns about their safety before deporting them to El Salvador or countries other than their places of origin.

U.S. District Judge Brian Murphy in Boston issued the order after immigrant rights advocates argued the administration had violated a court order he issued by flying four Venezuelans held at the U.S. naval base in Cuba to El Salvador on a flight conducted by the U.S. Department of Defense.

Murphy in late March had issued a temporary restraining order, which he later extended into an injunction, restricting the Department of Homeland Security’s ability to rapidly deport migrants to countries other than their own without allowing them to first raise concerns about their safety or potential torture.

Conclusion: The Importance of Due Process in Immigration Policy

This legal development serves as a stark reminder of the ongoing struggle over immigration policy in the United States, highlighting the balance—or often, the imbalance—between national security concerns and the rights of individuals. As the debate continues, the ruling reaffirms that due process is not merely a legal nicety but a fundamental aspect of American jurisprudence that must be adhered to, regardless of the political climate.