A federal judge has ordered the Trump administration to maintain custody of criminal illegal immigrants who were allegedly flown to South Sudan.
Judge Brian Murphy held an emergency hearing Tuesday and issued an order instructing the administration “to maintain custody and control of class members currently being removed to South Sudan or to any other third country, to ensure the practical feasibility of return if the Court finds that such removals were unlawful.”
At least a dozen migrants were reportedly deported to South Sudan this week, including illegal immigrants from Myanmar, Vietnam, and Mexico, despite a standing court order restricting removals to third countries. Attorneys representing the migrants told the court that immigration authorities have sent people from various countries to Africa, potentially violating a prior ruling that guarantees migrants a “meaningful opportunity” to argue that deportation to a country other than their homeland would endanger their safety.
On Wednesday, prior to the court hearing, Department of Homeland Security officials told reporters that a flight carrying at least eight people had departed from Texas. According to CNN, officials would not confirm whether South Sudan was the final destination. The US State Department currently has a “Do Not Travel” advisory for South Sudan, which is nearing civil war.
DHS released a list of the eight passengers on the flight who had criminal records, including migrants from Cuba, Laos, and Mexico. Officials added that the individuals remain in US government custody in accordance with the judge’s order.
“Because of safety and operational security, we cannot tell you what the final destination for these individuals will be,” said DHS spokesperson Tricia McLaughlin.
The judge issued a recent court order saying that the administration must explain at a hearing on Wednesday when and how the migrants were told they were being sent to South Sudan or any other country. The administration must also explain how migrants were able to raise concerns of torture in the foreign country and the whereabouts of at least one of the migrants who is currently suing.