Judge orders U.S. to retain control of migrants amid controversial deportations to South Sudan

A federal judge in Massachusetts has ordered U.S. immigration authorities to maintain custody of migrants who may have been removed to South Sudan.

The decision came Tuesday evening from U.S. District Judge Brian E. Murphy following an emergency hearing. Legal advocates had sounded the alarm that migrants from Myanmar and Vietnam were allegedly being flown to South Sudan, despite a standing court order that bars removals to third countries without adequate legal process.

Murphy’s order compels the government 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.” Though he left implementation to the government’s discretion, he underscored that the migrants “will be treated humanely.”

READ ALSO: U.S. revokes all South Sudanese visas – Rubio announces

The case stems from reports that as many as a dozen migrants may have been transferred to African nations in breach of court protections. Attorneys for the migrants say this not only violates due process but also exposes individuals to potential danger in unfamiliar territories.

Watch a recent episode of The BreakDown podcast below and subscribe to our channel PanaGenius TV for latest episodes.

One troubling case involved a man from Myanmar, who was reportedly removed after receiving notice only in English, a language he struggles with, mere hours before his flight. His lawyers were notified shortly before the deportation, court filings state.

In another instance, a woman told immigration attorneys that her husband from Vietnam and up to ten others had been flown to Africa early Tuesday. The National Immigration Litigation Alliance presented the claims to the court, seeking immediate intervention to halt further removals.

Judge Murphy, a Biden appointee, had previously ruled that deportations to Libya without notice would “clearly” breach his earlier injunction, a ruling that extends to individuals who have exhausted legal options. In his latest order, Murphy directed U.S. officials to appear in court Wednesday to identify the affected migrants, explain when and how they were informed of their removal, and detail any opportunity provided for them to claim fear-based protection.

He also ordered the government to disclose the current locations of those who may have already been removed from U.S. custody.

The Department of Homeland Security and the White House have yet to comment on the ruling.

On the South Sudanese side, authorities said no deportees had yet arrived. “If they arrive, they would be investigated and again ‘re-deported to their correct country’ if found not to be South Sudanese,” Major General James Monday Enoka told the Associated Press.

READ ALSO: Uganda president Museveni engages South Sudan leadership in push to salvage fragile peace deal

Complications with deportations have mounted as several nations refuse to accept their nationals back from the United States. Under the Trump administration, the U.S. established controversial third-country agreements, including one with Panama, to transfer deportees. In an especially alarming precedent, Venezuelans were sent to a prison in El Salvador under an obscure 18th-century wartime statute, now heavily contested in court.

South Sudan, the world’s youngest nation since gaining independence in 2011, remains mired in instability. Despite rich oil reserves, it has struggled to escape poverty and internal conflict. Just weeks ago, the top U.N. envoy in the country warned that violence between rival factions could erupt into another civil war.

“The situation is darkly reminiscent of the 2013 and 2016 conflicts, which took over 400,000 lives,” said Nicholas Haysom, who leads the U.N.’s nearly 20,000-member peacekeeping mission in the country.

According to the U.S. State Department’s April 2024 human rights report, South Sudan continues to experience “significant human rights issues,” including torture, enforced disappearances, extrajudicial killings, and gender-based violence perpetrated by state forces.

In recognition of these dangers, the U.S. government has extended Temporary Protected Status (TPS) to a limited number of South Sudanese nationals residing in America since 2011. Homeland Security Secretary Kristi Noem recently extended these protections through November to allow for further review.

Meanwhile, relations between the U.S. and South Sudan have deteriorated in recent months. A diplomatic dispute in April over forced removals led to the revocation of U.S. visas for some South Sudanese citizens and a ban on entry.

Despite the political strain, the United States remains South Sudan’s largest humanitarian donor, contributing over $640 million in aid in 2024, said the U.S. Embassy in South Sudan.

READ ALSO: Why South Sudan is using an age-old dowry system to reverse girl dropouts statistics in school