A federal judge has issued a stern warning regarding potential violations of court orders by the Trump administration concerning the deportation of migrants to South Sudan. Judge Brian Murphy stated that these actions could lead to contempt of court charges following a ruling that prohibited the government from deporting individuals to third countries without allowing them a “meaningful opportunity” to contest their removal.
Emergency legal actions following deportations
In a swift legal response, immigration attorneys filed an emergency motion to Judge Murphy, indicating that a flight carrying a dozen individuals had arrived in South Sudan on Tuesday. This incident marks a significant escalation in the ongoing conflict between the Trump administration and the federal judiciary, as the Republican president attempts to fulfill his campaign promise of mass deportations.
Attorneys from the National Immigration Litigation Alliance have raised concerns about the nature of these deportations, claiming that they included individuals from Myanmar and Vietnam. During a hearing, Judge Murphy, appointed by President Biden and based in Boston, conveyed to a Department of Justice attorney, “I have a strong indication that my preliminary injunction order has been violated.” He added, “Based on what I have been told this seems like it may be contempt,” reflecting his serious concerns regarding compliance with his previous order.
Details of the deported individuals
Elianis Perez, the Justice Department attorney, countered that one individual, a migrant from Burma, had been returned to Myanmar instead of South Sudan. However, she declined to provide details about the destination of another deported individual, a Vietnamese man, citing classified information. This man had reported a murder conviction. Additionally, an attorney for the Department of Homeland Security mentioned that at least one rapist was also on the deportation flight.
While Judge Murphy refrained from ordering the plane to return to the US, he specified that the deported migrants must remain under the government’s custody and be treated humanely as a hearing was scheduled for Wednesday. This ruling could entail keeping the deportation flight grounded upon its arrival.
On April 18, Judge Murphy had mandated that undocumented migrants be afforded the opportunity to contest their deportation to countries other than their native lands. Following reports that some migrants faced removal to Libya, he reiterated that such actions would contravene his ruling.
“Please help!”
Attorneys for the Burmese individual, referred to as N.M. in court documents, reported that he speaks limited English and had refused to sign a removal notice served by officials at a Texas immigration detention center. Upon inquiry, an attorney found out that her client was no longer listed on the US Immigration and Customs Enforcement detainee locator and was informed via email that he had been deported to South Sudan.
Another client, the Vietnamese man identified as T.T.P. in court filings, appeared to have faced a similar fate. Reports from his spouse indicated that he and around ten other individuals, including nationals from Laos, Thailand, Pakistan, and Mexico, were also believed to have been deported.
South Sudan, the world’s newest nation, has experienced tremendous strife following its independence in 2011 and remains under a US government travel advisory that warns against visiting due to rampant crime, kidnapping, and armed conflict.
In light of these events, the Trump administration has approached several nations regarding the acceptance of deported migrants. Recently, Rwanda confirmed ongoing discussions with the US, while other countries, including Benin, Angola, Equatorial Guinea, Eswatini, and Moldova, have been mentioned in media reports.
The situation surrounding the South Sudan deportations exemplifies the ongoing constitutional tensions between the executive and judicial branches of the US government. Previously, US District Judge James Boasberg in Washington DC found “probable cause” to hold Trump officials in criminal contempt for violating his order to stop deportations of Venezuelan gang members lacking the opportunity to challenge their removals.