In a troubling development, the Trump administration has confirmed the deportation of eight migrants convicted of crimes in the United States. On Wednesday, immigration authorities announced that these individuals would be sent to their home countries, which have reportedly refused to accept them. This raises serious concerns among immigration rights lawyers, who argue that these actions violate a court order prohibiting deportations to countries other than the migrants' homelands without allowing them to present their case regarding potential dangers upon removal.
Following reports of these deportations, U.S. District Judge Brian E. Murphy in Massachusetts ordered U.S. officials to appear at an emergency court hearing. The judge's ruling, issued late Tuesday, mandates that the Trump administration must maintain custody of those being removed to South Sudan or any other third country. This is to ensure the possibility of their return should the removals be deemed unlawful. Immigration lawyers have expressed that the administration has begun deporting individuals from Myanmar and Vietnam to South Sudan, despite a standing court order that restricts such actions.
During the emergency hearing, Judge Murphy emphasized the need for humane treatment of the migrants involved in these deportations. Attorneys for the migrants highlighted that several individuals have been removed from various countries to Africa, violating the court order that stipulates a "meaningful opportunity" for migrants to argue against removal if it poses a threat to their safety. One such case involves a man from Myanmar, whose deportation was confirmed by an immigration official in Texas, revealing that he was informed of his removal only in English, a language he does not understand well.
In response to these actions, lawyers representing the affected migrants have sought an emergency court order to halt further deportations. They reported that a woman indicated her husband from Vietnam, along with up to ten others, were flown to Africa on Tuesday morning. Judge Murphy's previous rulings have already indicated that deportations to countries like Libya without proper notice would violate his orders, reinforcing the importance of due process for these individuals.
Judge Murphy has summoned U.S. officials to disclose critical information, including the identities of the migrants affected, how they were notified of their deportations, and what opportunities they had to file fear-based claims. He also mandated that the government provide information regarding the current whereabouts of those already removed from the U.S.
In a statement, Major General James Monday Enoka, the police spokesperson for South Sudan, confirmed that no migrants had arrived in the country as of Wednesday. He added that if any were to arrive, they would undergo an investigation and be deported back to their original countries if found not to be South Sudanese. This situation highlights the complexities of international deportation policies, particularly with countries that refuse to accept deportees from the United States.
South Sudan has faced persistent violence since its independence from Sudan in 2011. The country has struggled with instability and conflict, culminating in a dire humanitarian situation. Just weeks ago, a top U.N. official warned of escalating violence that could lead to a full-scale civil war, echoing the tragic conflicts of 2013 and 2016, which resulted in over 400,000 deaths. The U.S. State Department’s annual report highlighted significant human rights issues in South Sudan, including arbitrary killings, torture, and extensive violence based on gender and sexual identity.
In light of these conditions, the Department of Homeland Security has granted Temporary Protected Status to a limited number of South Sudanese individuals living in the United States, safeguarding them from deportation due to the unsafe conditions in their homeland. Secretary Kristi Noem recently extended these protections until November for a thorough review.
Despite the tense diplomatic relations between the U.S. and South Sudan, particularly following a deportation dispute that led to visa revocations, the United States remains a significant provider of humanitarian aid, contributing over $640 million in 2024. This aid underscores the complex relationship between the two nations, balancing diplomatic challenges with a commitment to humanitarian support.
