The case of DHS v. D.V.D. presents a sharp clash between the judiciary and the executive branch over immigration enforcement. Specifically, U.S. District Judge Brian Murphy issued a sweeping injunction limiting DHS’s ability to remove noncitizens — including those convicted of violent crimes — to third countries, triggering fierce criticism from administration allies who argue the judge has overstepped his legal authority.
Despite Supreme Court intervention staying the injunction, Judge Murphy continued to assert the validity of his related May 21 orders, citing dissenting opinions and issuing further directives that defied the Supreme Court’s stay. DOJ has since asked the Court to clarify and shut down what it calls a “lawless act of defiance.”
The broader implication is part of a trend: lower federal courts, particularly in deep-blue jurisdictions, have increasingly issued nationwide or class-wide injunctions against administration policies, sometimes in tension with statutory limits or higher court rulings.
Background on DHS v. D.V.D.
Supreme Court stayed Judge Murphy’s April 18, 2025, injunction restricting third-country removals.
The injunction required:
Written notice before third-country removal.
Opportunity to raise CAT (Convention Against Torture) claims.
15-day delay for motion to reopen if fears are raised.
Class-wide application, despite INA § 242(f) limiting such relief.
Legal Context: Third-Country Removals
DHS is legally authorized to remove aliens to third countries (not their country of origin).
Protection under statutory withholding or CAT does not bar third-country removal.
Regulations affirm DHS’s discretion in choosing removal countries and do not require advance notice or review.
DHS Policy (March 30 Guidance)
DHS Secretary Kristi Noem issued discretionary procedures for removals:
Screenings when credible fear is asserted.
Referral to asylum officers and possible immigration court review.
No statutory or regulatory requirement for these steps — purely internal policy.
Judge Murphy’s Orders
April 18 injunction went beyond legal requirements, imposing procedural obligations on DHS.
May 21 “remedy” order reinforced and extended April 18 ruling.
Supreme Court’s June 23 stay should have halted these rulings — but Judge Murphy claimed otherwise.
DOJ Response
Filed emergency motion with SCOTUS after Judge Murphy cited Sotomayor’s dissent to continue enforcing his order.
DOJ: Judge’s post-stay order is “a lawless act of defiance” and disrupts foreign policy.
Six criminal aliens are currently detained at a U.S. base in Djibouti due to mid-flight halts caused by Murphy’s orders.
Senate Confirmation Irony
Judge Murphy confirmed 47-45 in December 2024 — after the election, before GOP took Senate.
Notably, two current top Trump officials (Vance and Rubio) missed the vote that could have blocked his confirmation.
The judge’s persistence in enforcing injunctions even after a Supreme Court stay, based on dissenting opinions, has raised serious separation-of-powers concerns. Critics argue this is a textbook case of a lower court overstepping its role, particularly when it undermines immigration enforcement, foreign policy coordination, and national security.
Whether district judges are “running amok” depends on one’s legal philosophy — but DHS v. D.V.D. offers one of the clearest and most controversial examples yet of district-level resistance to executive immigration powers.
https://cis.org/Arthur/Are-US-District-Court-Judges-Running-Amok
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