A federal judge has determined that the Trump administration “unquestionably” violated a court order by attempting to transfer detainees to the war-torn nation of South Sudan without providing them with a meaningful opportunity to contest their removal. This ruling came during a court hearing held on Wednesday, where Judge Brian Murphy of the District of Massachusetts addressed the situation involving eight detainees of various nationalities.
On Tuesday morning, the judge revealed that the detainees had been placed on a flight believed to be headed for South Sudan. “It was impossible for these people to have a meaningful opportunity to object to their transfer to South Sudan,” Judge Murphy stated. He highlighted the abbreviated timeline of events and noted that many actions took place after business hours, preventing the detainees from reaching their lawyers or families.
Murphy emphasized that the actions taken by the Department of Homeland Security (DHS) were “unquestionably in violation of this court’s order.” He described the 17-hour notice given to the detainees prior to their flight as “plainly” and “undeniably” insufficient.
Homeland Security officials have not disclosed the flight's destination since takeoff. During the court hearing, an official from Immigration and Customs Enforcement (ICE) informed the judge that the detainees were still “sitting on a plane.” In a subsequent two-page order, Judge Murphy mandated that administration officials must conduct a reasonable fear interview for the migrants onboard, which is a crucial step for them to raise a fear-based claim against being deported to a third country.
This interview can be conducted in the United States if officials decide to return the migrants. Regardless of the location, Murphy stated that the detainees must receive “no fewer than 72-hours’ notice” before their scheduled interview.
If the migrants are not found to have a “reasonable fear,” they will have 15 days to attempt to reopen their immigration cases in order to challenge their removal to a third country. During this 15-day period, the individuals must remain in the custody of DHS and have access to legal counsel comparable to what they would receive in the United States.
Judge Murphy also hinted at the possibility of holding administration officials in criminal contempt for breaching his earlier order. He is considering whether there has been any misrepresentation of facts presented to the court regarding at least one of the migrants, a serious allegation that could have significant legal implications.
During a press conference, the DHS provided a list of the eight individuals aboard the flight, which included migrants from Cuba, Laos, and Mexico, as well as two men from Vietnam and Myanmar involved in the litigation. DHS spokesperson Tricia McLaughlin stated, “Because of safety and operational security, we cannot tell you what the final destination for these individuals will be.”
The Trump administration has maintained that due process was afforded to the detainees and insisted that the court should refrain from intervening in their aggressive immigration policies. A representative from the Justice Department claimed, “We believe that the individuals had an opportunity.” However, Judge Murphy rebutted this assertion, stating, “They couldn’t have called their attorneys if they wanted to.”
This developing story continues to unfold, and updates will be provided as more information becomes available.
