A federal judge has summoned U.S. officials for an emergency hearing on Wednesday to address the controversial deportation of immigrants to South Sudan and other nations.
The situation escalated when the Trump administration confirmed it had deported eight individuals, claiming they had committed crimes in the United States.
However, officials did not disclose the final destinations of these deportees.
Tricia McLaughlin, spokesperson for the Department of Homeland Security (DHS), stated that the administration is continuously striving to remove individuals she described as ‘vicious criminals’ from American streets.
She criticized U.S. District Judge Brian E. Murphy for attempting to protect these individuals, whom McLaughlin labeled as ‘monsters.’
Immigration rights lawyers argue that these deportations breach a court order that prohibits sending individuals to third countries without allowing them to present arguments that deportation could endanger their lives.
On Tuesday, Judge Murphy ruled that the Trump administration must maintain custody of those presently being deported to South Sudan or other third countries to facilitate their return if deemed unlawful.
Lawyers indicated that the administration may have recently begun deporting nationals from Myanmar and Vietnam to South Sudan, contravening the court’s directive.
Although the judge allows the government some discretion, he insisted that the migrants be treated humanely throughout the process.
Immigrant attorneys conveyed to the judge that immigration authorities might have sent up to a dozen individuals from various countries to Africa in the past week.
They contend this action violates a previous ruling that guarantees individuals a ‘meaningful opportunity’ to argue against deportation to potentially unsafe countries.
Court documents reveal that one individual from Myanmar was confirmed to have been removed after being notified in only English—a language he struggles to understand—just hours prior to his flight.
Similarly, a woman reported that her Vietnamese husband was among a group of up to ten individuals deported to Africa on Tuesday morning, according to the National Immigration Litigation Alliance.
Their attorneys have urged Judge Murphy to issue an emergency court order to halt these removals immediately.
Judge Murphy, appointed by Democratic President Joe Biden, previously stated that deportations to countries such as Libya without proper notice would ‘clearly’ violate his ruling applicable to all individuals, even those who have exhausted their legal appeals.
As the hearing took place, Murphy sought clarification from U.S. officials regarding the migrants affected, including details on how they learned about their removals and what chance they had to express fears about deportation.
Furthermore, the judge ordered the government to reveal the current locations of any migrants already removed.
As of now, both the DHS and the White House have not responded to requests for comments on the unfolding situation.
In an interview, Major General James Monday Enoka, South Sudan’s police spokesperson, stated that no migrants have yet arrived in the country.
If such arrivals occur, he expressed that those individuals would be investigated and potentially ‘redeported to their correct country’ if they are not South Sudanese nationals.
The U.S. has faced challenges with several countries accepting deportations, prompting the administration to forge agreements with nations like Panama to accommodate these deportees.
Some Venezuelans have already been sent to a known prison in El Salvador under a controversial 18th-century wartime law, a move that has sparked legal resistance.
Since gaining independence from Sudan in 2011, South Sudan has grappled with persistent violence and instability.
The situation was recently described as reminiscent of Italy’s previous conflicts, which resulted in over 400,000 deaths.
Nicholas Haysom, head of the U.N. peacekeeping mission in South Sudan, warned that ongoing clashes between loyalists of the president and the vice president could escalate into full-scale civil war.
The U.S. State Department’s annual report on South Sudan, released in April 2024, outlines significant human rights issues, including arbitrary killings, torture, and severe violence based on gender identity.
The Department of Homeland Security has provided Temporary Protected Status to a limited number of South Sudanese residents already in the U.S. to protect them from deportation amid perilous conditions in their home country.
Recent measures by Secretary Kristi Noem have extended these protections until November for further evaluation.
Tensions between the U.S. and South Sudan escalated in April during a deportation dispute, resulting in the revocation of visas and a ban on South Sudanese nationals.
The U.S. remains a significant humanitarian donor to South Sudan, providing over $640 million in assistance in 2024, as per the U.S. embassy in South Sudan.
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