A federal judge has determined that the Trump administration breached his court order by deporting migrants to countries where they have no ties, without providing them adequate due process to contest their removals. Judge Brian Murphy, presiding in Massachusetts, stated that the Department of Homeland Security (DHS) acted against his April preliminary injunction, which explicitly forbade such deportations.
During a hearing on Wednesday, Judge Murphy expressed grave concerns over the rapid removal of eight migrants, which reportedly included a flight that landed in South Sudan. The government has not confirmed the destination, citing it as classified information. Judge Murphy indicated that he might consider holding the government in contempt for potentially engaging in criminal obstruction, as he stated, "The department's actions in this case are unquestionably violative of this court's order."
At least seven men remained aboard the plane as the court proceedings unfolded. The Trump administration has remained steadfast in its policy to deport migrants to third countries, particularly those who cannot be returned to their home countries for various reasons. Acting Director of Immigration and Customs Enforcement (ICE), Todd Lyons, emphasized that the individuals on the flight had prior convictions in the U.S. and that the agency was unable to return them to their original countries.
Tricia McLaughlin, Assistant Secretary at DHS, described the individuals on the flight as "vicious illegal aliens" and insisted that the administration found a country willing to accept them. Meanwhile, a local judge in Massachusetts is attempting to compel the U.S. government to bring back these migrants, whom she described as a "clear and present threat to the safety of the American people."
Murphy’s ruling followed an emergency motion filed by immigration lawyers on Tuesday, who argued that their Vietnamese client received very little notice before being placed on a flight to South Sudan. Jonathan Ryan, a lawyer with the nonprofit organization Advokato, remarked on the striking lack of information available regarding his client, known only as N.M. Communication issues arose as N.M. does not speak English, making it difficult for Ryan to ascertain the details of his situation.
Ryan described how he attempted to find an interpreter for N.M., only to learn that his client had been relocated to a different facility. Although Ryan managed to communicate briefly with N.M., he was told that he had been given paperwork to sign, which he refused. Just days later, Ryan was informed by ICE that his client was being sent to South Sudan, raising further questions about the process.
Judge Murphy highlighted that the timing surrounding the deportations made it nearly impossible for the migrants to adequately voice their concerns or objections. He noted that they had only a few hours to contest their removal and were unable to consult with their attorneys. Government lawyers asserted that the individuals had opportunities to express their fears before being loaded onto the plane, but Murphy countered that such claims were "plainly insufficient."
During the hearing, Murphy indicated that he plans to clarify his preliminary injunction to specify what constitutes adequate notice before deportation. He stated that 24 hours' notice is insufficient, noting that the migrants in this particular case only received 17 hours of notice.
The situation surrounding the deportations has been further complicated by conflicting reports about the final destinations of the migrants. McLaughlin mentioned that South Sudan might not be the ultimate destination for the eight men on the flight. The State Department has been called upon to explain the third-country negotiations, but responses have been slow.
In the meantime, South Sudan's police spokesman denied any acceptance of deportees from the United States unless they are South Sudanese nationals. He further stated that any non-South Sudanese migrants arriving would be re-deported to their countries of origin. This rejection mirrors earlier statements from Libyan officials who have also opposed accepting U.S. deportees.
The U.S. government continues to seek third-country destinations for migrants who cannot be returned to their home countries. While countries like El Salvador and Mexico have served as alternatives, the recent rejections from South Sudan and Libya raise significant questions about the future of these deportation policies.
For those with insights regarding immigration matters, we encourage you to reach out via our tip line on WhatsApp and Signal at 202-713-6697. You can also contact reporters Jasmine Garsd at jgarsd@npr.org and Ximena Bustillo at xbustillo@npr.org for more information.
Contributions to this report were made by NPR's Adrian Florido, Tovia Smith, and Emmanuel Igunza.
