In a significant ruling, eight men currently in United States detention have lost their final attempt to avoid deportation to South Sudan, a nation under scrutiny for ongoing human rights abuses. On Friday, Judge Brian Murphy of Boston denied the last-minute appeal, which had sparked intense legal discussion throughout the day.
The eight men have been held at a US military base in Djibouti since late May. This followed a previous deportation flight to South Sudan being halted by the courts. The case has gained attention as the US Supreme Court has ruled twice that the Trump administration could proceed with deportations to countries outside of the detainees’ homelands. The latest ruling from the Supreme Court was released on Thursday, further complicating the men’s situation.
The appeal, filed late Thursday night, argued that repeated efforts by the Trump administration to deport these individuals to South Sudan were "impermissibly punitive." This claim highlighted the US Constitution, which prohibits "cruel and unusual punishment." The US Department of State has advised American citizens to avoid travel to South Sudan due to ongoing armed conflict and has previously accused the nation of "extrajudicial killings, forced disappearances, torture, and other forms of cruel treatment."
On the legal front, the US Department of Justice announced that the eight men were scheduled to be flown to South Sudan by 7 PM US Eastern Time (23:00 GMT) on Friday. The detainees hail from various countries, including Cuba, Laos, Mexico, Myanmar, South Sudan, and Vietnam.
The initial case was assigned to US District Judge Randolph Moss in Washington, DC, who expressed some sympathy for the detainees' plight. Judge Moss briefly paused the deportation until 4:30 PM Eastern Time (20:30 GMT) but ultimately chose to transfer the case back to Judge Murphy, whose prior rulings had significantly influenced the Supreme Court's decisions. Judge Murphy had previously granted injunctions against deporting the detainees to South Sudan, allowing them to contest their deportation based on fears for their safety.
Before transferring the case, Judge Moss remarked on the potential for the deportees to substantiate their claims that the Trump administration intended to expose them to abuse. "It seems to me almost self-evident that the United States government cannot take human beings and send them to circumstances in which their physical well-being is at risk simply either to punish them or send a signal to others," Moss stated during the hearing.
Lawyers for the Trump administration contended that the ongoing delay in the deportations could damage relations with third countries willing to accept deportees. Judge Murphy, who denied the recent request, had previously ruled in favor of the detainees by issuing an injunction against their removal to South Sudan, affirming their right to contest the deportation based on safety concerns.
The Supreme Court first lifted the injunction on June 23 and reiterated its ruling on Thursday, subtly rebuking Judge Murphy's previous decisions. The Trump administration has advocated for expedited removals as part of its mass deportation agenda—a key priority for President Trump. Critics argue that this approach undermines individuals' human rights, including their right to due process.
In a statement, the Trump administration characterized the eight individuals scheduled for deportation as "barbaric, violent criminal illegal aliens." They cited convictions for serious crimes, including first-degree murder, robbery, and sexual assault. "These sickos will be in South Sudan by Independence Day," declared Homeland Security spokesperson Tricia McLaughlin in a news release on Thursday.
This ongoing situation highlights the complex interplay between immigration policy, human rights, and judicial oversight in the United States, raising questions about the treatment of detainees and the ethical implications of deporting individuals to countries with known human rights violations.
