‘The department actions in this case are unquestionably in violation of this court’s order,’ the judge says.
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.
U.S. District Judge Brian Murphy had held an emergency hearing on May 20 after the attorneys of the deportees, who had been charged with crimes, accused the Department of Homeland Security of deporting roughly a dozen illegal immigrants from countries including Vietnam and Burma (also known as Myanmar) to South Sudan hours earlier in violation of an April 18 preliminary injunction.
The injunction stopped 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.
Murphy ordered the Homeland Security Department to retain custody and control of deportees intended for South Sudan to ensure the practical feasibility of their return to the United States if he eventually found the deportations to violate his previous order.
During another emergency hearing on Wednesday, 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 said. 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 Monday evening that they faced potential deportation to South Sudan, less than 24 hours before they were put on a plane.
By Jacob Burg
