A US judge has warned that the government may be breaking the law by sending a group of migrants to South Sudan. Judge Brian Murphy said that his earlier order was likely ignored when a deportation flight reportedly landed in the African country this week. The judge had ruled that no migrant should be sent to a third country without a fair chance to challenge the decision.
Lawyers representing migrants quickly asked for an emergency stop to the deportations. They told the court that at least 12 people had been flown out of the US on Tuesday. Some of them were reportedly from Myanmar and Vietnam. The flight is now at the center of a serious legal issue between the Trump administration and the federal courts.
Did the US break its laws by sending migrants to South Sudan?
Judge Murphy, who was appointed by President Biden, said that the flight may have violated a court order he issued in April. That ruling said that every migrant must be allowed to challenge their deportation before being sent to another country. He also warned that the government could be held in contempt of court if this was ignored.
The Department of Justice argued that at least one of the migrants, who was Burmese, was sent back to Myanmar. However, they refused to say where a Vietnamese man had been sent, calling the information “classified.” That man was reportedly convicted of murder. Another person on the flight had also committed rape, according to a lawyer for the Department of Homeland Security.
Although Judge Murphy did not order the plane to return, he did say that the migrants must stay in government custody and be treated fairly. He also said the plane might have to remain on the runway while the court case continues. A hearing is expected to take place on Wednesday.
The issue became more serious when lawyers said one of their clients, a Burmese man, could not speak much English and did not sign his removal notice. When his lawyer could no longer find him in the immigration system, she was later told he had been deported to South Sudan. Another migrant, a Vietnamese man, may have faced the same situation.
The Vietnamese man’s wife said in an email that about 10 others were also on the same deportation flight. She named people from countries like Laos, Thailand, Pakistan, and Mexico. “Please help!” she wrote. “They cannot be allowed to do this.”
South Sudan is known for its violent past. The country had a brutal civil war soon after becoming independent in 2011. The US has warned its citizens not to travel there due to high risks of crime, violence, and kidnapping.
Reports also show that the Trump administration has tried to convince several countries to accept deported migrants. Some of these countries include Rwanda, Benin, Angola, Eswatini, and Moldova.
This case is not the only time the courts and the government have disagreed. Last month, a different judge found that Trump officials may be held in criminal contempt for sending Venezuelan migrants away without allowing them to argue their case.