A legal battle has come to a head as eight men in United States detention lost their attempt to avoid deportation to South Sudan, a country facing significant criticism for its human rights abuses.
On Friday, Judge Brian Murphy of Boston denied the eleventh-hour appeal that had sparked a flurry of legal activity throughout the day.
These detainees have been held at a US military base in Djibouti since late May, after an earlier deportation flight to South Sudan was halted by the courts.
The US Supreme Court has ruled that the Trump administration could proceed with deportations to countries outside the detainees’ homelands on two separate occasions, with the latest ruling issued on Thursday.
The appeal filed that night contended that previous efforts under President Donald Trump to deport the men to South Sudan were “impermissibly punitive,” referencing the US Constitution’s prohibition on “cruel and unusual punishment.”
The US Department of State currently advises American citizens to avoid travel to South Sudan due to ongoing armed conflict, having previously accused the country of egregious human rights violations, including extrajudicial killings, forced disappearances, and torture.
The Department of Justice announced that arrangements were being made for the eight men to be flown to South Sudan by 7pm US Eastern Time on Friday.
These individuals hail from countries including Cuba, Laos, Mexico, Myanmar, South Sudan, and Vietnam.
Initially, Judge Randolph Moss in Washington, DC, who was sympathetic to the deportees’ situation, had temporarily paused the deportation until 4:30pm Eastern Time.
However, he ultimately transferred the case back to Judge Murphy, whose previous decisions had precipitated the Supreme Court’s rulings supporting the Trump administration’s deportation efforts.
Before transferring the case, Judge Moss raised concerns that the deportees could prove that the Trump administration intended to expose them to severe abuse.
He noted during the hearing, “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 wellbeing is at risk simply either to punish them or send a signal to others.”
In contrast, lawyers for the Trump administration argued that delaying the deportations would threaten relations with third countries willing to accept deportees.
Judge Murphy, in his earlier rulings, had granted injunctions against deportation to South Sudan, affirming that the men had the right to contest their removal based on fears for their safety.
However, the Supreme Court lifted that injunction on June 23, reinforcing its decision on Thursday and subtly rebuking Judge Murphy for his position.
The Trump administration has advocated for swift removals as a component of its mass deportation campaign, one of President Donald Trump’s key priorities during his tenure.
Critics have accused the administration of undermining individuals’ human rights to meet its objectives, including the right to due process.
Conversely, the Trump administration has framed migration as an “invasion,” arguing that it constitutes a national security crisis.
The administration claims that its aggressive deportation measures are essential for expelling individuals categorized as violent criminals.
The eight detainees earmarked for deportation have been labeled by the administration as “barbaric, violent criminal illegal aliens,” with reports indicating they have convictions for serious offenses such as first-degree murder, robbery, and sexual assault.
Homeland Security spokesperson Tricia McLaughlin stated in a release on Thursday, “These sickos will be in South Sudan by Independence Day.”
image source from：aljazeera
