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By Billal Rahman
Immigration Reporter
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A federal judge has lambasted President Donald Trump's administration over violating due process after the government tried to deport eight men to South Sudan.
"It turns out that having immigration proceedings on another continent is harder and more logistically cumbersome than defendants anticipated," U.S. District Judge Brian E. Murphy wrote in court documents.
Why It Matters
Murphy's order highlights the ongoing tension between the executive branch's immigration enforcement actions and the judiciary's role in upholding constitutional protections. South Sudan is facing significant political instability, and the administration's action raises serious concerns about its adherence to judicial mandates and the potential endangerment of deportees.
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What To Know
In a 17-page order, Murphy argued that if conducting immigration proceedings remotely proved unfeasible, the government retained the option of bringing the individuals—who are being held in Djibouti—back to the United States.
The judge issued a preliminary injunction requiring that migrants be given adequate notice and the opportunity to raise fears of persecution or torture before being deported to third countries.
In an earlier order issued on Wednesday, Murphy directed that six of the eight deported individuals be granted a "reasonable fear interview," allowing them to voice any fears of persecution or torture if removed to South Sudan. During a hearing that same day, the judge concluded that the government had also violated a separate directive requiring that deportees receive notice in a language they understood, with a minimum of 15 days to contest their removal. The migrants were also given less than 24 hours before their deportation, with some individuals given less than 16 hours' notice, the order said.
The case before Murphy is a class action lawsuit focused on the due process rights of migrants facing deportation to third countries, not only their countries of origin.
The Trump administration has reached removal agreements with several nations, including Costa Rica and Guatemala, and has more recently attempted deportations to conflict zones such as South Sudan and Libya. The U.S. State Department has flagged both countries as high risk.
"The Court further finds that the class members at issue were, and continue to be, at risk of irreparable harm in the absence of injunctive relief," Murphy wrote.
"Here, that risk becomes tangible as class members were nearly dropped off in a war-torn country where the Government states that '[f]oreign nationals have been the victims of rape, sexual assault, armed robberies, and other violent crimes,'" he continued.
One of the eight deportees was a South Sudanese national, and another was expected to be returned to Myanmar.
The removals of the men come as Trump's administration looks to remove millions of migrants without legal status as part of a hard-line mass deportation policy.
The remaining six have no clear destination and remain in legal uncertainty. All eight have prior convictions for violent offenses.
Department of Homeland Security officials defended the deportations, citing the individuals' criminal convictions, but the court emphasized that legal procedures must still be followed regardless of criminal history.
"The Court recognizes that the class members at issue here have criminal histories. But that does not change due process," Murphy wrote.
What People Are Saying
U.S. District Judge Brian E. Murphy wrote in the court order issued on Monday: "Given the totality of the circumstances, it is hard to take seriously the idea that Defendants intended these individuals to have any real opportunity to make a valid claim."
President Donald Trump wrote on Truth Social on May 22: "The Judges are absolutely out of control, they're hurting our Country, and they know nothing about particular situations, or what they are doing—And this must change, IMMEDIATELY!"
What Happens Next
Murphy has ordered the federal government to conduct fear interviews for the deported men to assess claims of political persecution. The Trump administration could facilitate these interviews abroad or return the individuals to the U.S. to ensure compliance with due process requirements. However, it remains unlikely that the administration will return deportees with serious criminal histories to the U.S.
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