Federal Judge Slams Deportations to South Sudan: Know the Legal Dispute and What It Means for Migrants

In a marked increase in tensions with the Trump administration, U.S. District Judge Brian Murphy expressed concerns about the deportations of migrants to South Sudan, which might violate a court order issued only weeks earlier. Murphy, located in Boston and appointed by President Biden, had earlier prohibited the government from removing migrants to third countries without providing them a “meaningful opportunity” to oppose removal in accordance with the Fifth Amendment’s protections for due process rights.

On Tuesday, immigration attorneys reported a flight with at least a dozen migrants, had landed in South Sudan – a country rife with war and instability. Murphy cautioned DHS that this was likely in violation of his preliminary injunction and could subject him to potential criminal contempt proceedings.

Even though the judge didn’t order the plane to return he ordered that the migrants not be released back to the street and for their treatment to be humane. In fact, he suggested to DHS that they could keep the plane on the tarmac to abide by his decision.

The deportations are part of a larger initiative by the Trump Administration to increase removal, frequently to countries with poor human rights records. In another incident, migrants were taken from Guantanamo Bay and flown to El Salvador. Murphy was keen to point out that deportations by military are also part of his jurisdiction.

The dispute reflects mounting judicial resistance against expansive federal actions in immigration enforcement. A final hearing is scheduled this week to make decisions about further legal proceedings. Depending on what happens, the ramifications could change how the U.S. addresses deportations to third countries and especially those that are dangerous.