A federal judge rebuked the Trump administration on Wednesday after learning that a charter flight carrying migrants may have left the United States for South Sudan in defiance of an existing court injunction, as per Al Jazeera.
U.S. District Judge Brian Murphy, who in April barred immigration authorities from removing non-citizens to “safe third countries” without giving them time to contest the transfer, said any attempt to deport the group was “unquestionably violative” of that order. He stopped short of imposing sanctions but signalled that contempt proceedings are possible once the facts are established.
At an emergency hearing, Justice Department attorney Elainis Perez declined to confirm the aircraft’s location, citing “operational and safety concerns” and classifying the information. Lawyers for the 10 migrants – nationals of Myanmar, Vietnam and other countries – told the court they were informed their clients were bound for South Sudan with less than 24 hours’ notice and no interpreters to explain the paperwork.
Murphy instructed the government to keep the migrants in U.S. custody and ensure their safety until further hearings can be held.
In a separate Washington news conference, Acting Immigration and Customs Enforcement (ICE) Director Todd Lyons said those on board are “violent criminals” accused of murder, rape and armed robbery. Department of Homeland Security spokesperson Tricia McLaughlin called the operation a “diplomatic and military security mission” and insisted the administration is “fully compliant with the law and court orders,” though she would not confirm the itinerary or final destination.
“We found a nation that was willing to accept custody of these vicious illegal aliens,” McLaughlin said, without naming the country.
South Sudanese police later told The Associated Press no U.S. deportees had arrived there; The New York Times reported the aircraft touched down in Djibouti.
Murphy’s April 18 injunction requires at least 15 days’ notice so migrants can argue they would face persecution or torture if sent to a third country. Plaintiffs’ attorneys say Tuesday’s overnight removal attempt provided only hours of warning, denying clients translation help and violating due-process rights.
Civil-rights groups accuse the administration of sidestepping court rulings as it fast-tracks a “mass deportation” agenda.
