A federal judge on May 21 ruled that the Trump administration violated his previous order compelling officials to maintain custody of illegal immigrants being deported to South Sudan while the court determines the legality of their removal.
The injunction barred the administration from deporting illegal immigrants to countries other than their own without first giving them a chance to raise valid concerns for their safety.
During another emergency hearing on May 21, Murphy said that immigration officials could face being held in contempt of court for violating his April injunction.
“The department actions in this case are unquestionably in violation of this court’s order,” Murphy wrote. The judge said that the illegal immigrants did not have “meaningful opportunity” to object to being deported to South Sudan. The eight deportees were flown out of the United States several hours after receiving notice, without time to contact lawyers who could represent them in court.
Justice Department lawyers argued that the deportees had a history with U.S. immigration and had previous chances to express fears of being sent to countries other than their own. Additionally, the judge did not specify an exact time required between notice and deportation, opening up potential misinterpretation, the attorneys said.
Murphy said immigration officials gave “plainly insufficient” notice when they told seven of the men on the evening of May 19 that they faced potential deportation to South Sudan, less than 24 hours before they were put on a plane.
Before the May 21 hearing, Homeland Security officials hosted a news conference where they said the eight deportees—from Cuba, Mexico, Laos, Burma, South Sudan, and Vietnam—had been previously convicted of murder, armed robbery, rape, and other serious crimes.
Because the eighth illegal immigrant was from South Sudan, his deportation was not included in Murphy’s case.
Todd Lyons, acting director of Immigration and Customs Enforcement, told reporters that the deportees’ home countries would not take them back. Those men either came from countries that rarely take back all of their deported citizens, or they faced other factors preventing them from being sent home.
“These represent the true national security threats,” Lyons said.
The judge told immigration officials that they risked being held in contempt of court and that they should be on notice that “everybody who is involved in an illegal deportation risks criminal contempt.”
“The department’s actions in this case are unquestionably violative of this court’s order,” Murphy said.
The White House criticized the judge’s ruling in a statement on May 21.
“It’s another attempt by a far-left activist judge to dictate the foreign policy of the United States—and protect the violent criminal illegal immigrants President Donald J. Trump and his administration have removed from our streets,” the White House stated.
In addition to suggesting that Murphy’s April injunction did not specify the time needed between notice and deportation, Justice Department lawyers argued that expedited deportations, or those done in less than 24 hours on illegal immigrants not expressing fears of safety, do not violate rights protected by the U.S. Constitution.
South Sudan has long received travel advisories from the State Department because of the increased risk of violent crime and armed conflict, which are threats also to those native to the country.
