WASHINGTON — The White House went against a court directive concerning deportations to third countries when it arranged a flight involving the politically unstable African nation of South Sudan, a federal judge stated on Wednesday. This announcement came shortly after the Trump administration confirmed the expulsion of eight immigrants, each with convictions for violent crimes in the U.S., but declined to disclose their final destinations. The judge’s comment represented a significant criticism of the government’s efforts in handling immigration issues.
During an emergency hearing he initiated to tackle reports regarding the deportation to South Sudan, Judge Brian E. Murphy in Boston pointed out that the eight individuals on the flight were not afforded a proper chance to contest the deportation, which could potentially endanger them. Just before the hearing, administration officials accused “activist judges” of pushing for the release of individuals they describe as dangerous criminals.
“The department’s actions in this instance clearly violate the court’s order,” Murphy declared on Wednesday, highlighting that the deportees were denied a “meaningful opportunity” to challenge their transfer to South Sudan. They were flown out of the U.S. mere hours after being informed, which effectively prevented them from consulting attorneys who might have contested the deportation in court.
Government attorneys argued that the men had a history with the immigration system, giving them prior opportunities to express a fear of being deported to a country outside their homeland. They also said that immigration authorities may have misunderstood the order because the judge did not specify the time needed between notice and deportation.
The government calls the deported people ‘true national security threats’
The migrants’ home countries – Cuba, Laos, Mexico, Myanmar, Vietnam and South Sudan – would not take them back, according to Todd Lyons, the acting director of Immigration and Customs Enforcement, who spoke to reporters in Washington. He later said the migrants either came from countries that often do not take back all their deported citizens or had other situations that meant they could not be sent home.
“These represent the true national security threats,” Lyons said at a news conference. Behind him was a display of photos of men he said had been convicted of rape, homicide, armed robbery and other crimes.
Administration officials, who have repeatedly clashed with the courts over their attempts to deport large numbers of immigrants, made their displeasure clear Wednesday.
“It is absurd that an activist judge is trying to force the United States to bring back these uniquely barbaric monsters who present a clear and present threat to the safety of the American people,” Tricia McLaughlin, a department spokesperson, said in a statement after the press conference.
Homeland Security officials released few specific details about the deportation flight. They said it left Tuesday with eight people on board and said they remained in the department’s custody Wednesday. Officials said they could not disclose the migrants’ final destination because of “safety and operational security.”
The case comes amid a sweeping immigration crackdown by the Republican administration, which has pledged to deport millions of people who are living in the United States illegally. The legal fight is the latest flashpoint as the administration rails against judges whose rulings have slowed the president’s policies.
Lawsuits on immigration issues are everywhere
With Congress largely silent or supportive, opponents of Trump’s agenda have filed hundreds of lawsuits and judges have issued dozens of orders against the administration. Immigration has been the most contentious issue. There was the mistaken deportation of an immigrant who was living in Maryland to a prison in El Salvador, as well as Trump’s push to swiftly deport alleged Venezuelan gang members without a court review.
The administration officials insisted that the deported men had received due process, but did not provide details. Immigration rights lawyers have said that the deportations violated a court order against sending people to countries other than their homelands without first allowing them to argue the removal could put them in danger.
Trina Realmuto, the executive director of the National Immigration Litigation Alliance, asked the judge to return the individuals. “They are no less deserving of protection than any other human beings on this planet,” she said.
Murphy said he would try to find a “narrowly tailored” fix for the violation. And while not directly threatening anyone with charges, he did raise the prospect.
“Everyone who was involved in an illegal deportation,” the judge said, “risks criminal contempt.”
The countries of origin vary
Attorneys for the migrants told the judge that immigration authorities may have sent as many as a dozen people from several countries to Africa. The lawyers say that violates a court order that people have a “meaningful opportunity” to argue that sending them to a country outside their homeland would threaten their safety.
The apparent removal of one man from the troubled Southeast Asian nation of Myanmar was confirmed in an email from an immigration official in Texas, according to court documents. He was informed only in English, a language he does not speak well, and his lawyers learned of the plan hours before his deportation flight, they said.
A woman also reported that her husband from Vietnam and up to 10 other people were flown to Africa on Tuesday morning, attorneys from the National Immigration Litigation Alliance wrote.
Murphy, who was nominated by Democratic President Joe Biden, previously found that any plans to deport people to Libya without notice would “clearly” violate his ruling, which also applies to people who have otherwise exhausted their legal appeals.
South Sudan says it’s unaware of any arrivals
South Sudan’s police spokesperson, Maj. Gen. James Monday Enoka, told The Associated Press on Wednesday that no migrants had arrived in the country and that if they do, they would be investigated and “redeported to their correct country” if found not to be South Sudanese.
Some countries do not accept deportations from the United States. That has led the administration to strike agreements with other countries, including Panama, to house them. The U.S. has sent Venezuelans to a notorious prison in El Salvador under an 18th-century wartime law, an action being contested in the courts.
South Sudan has endured repeated waves of violence since gaining independence from Sudan in 2011 amid hopes it could use its large oil reserves to bring prosperity to a region long battered by poverty. Just weeks ago, the country’s top U.N. official warned that fighting between forces loyal to the president and a vice president threatened to spiral again into full-scale civil war.
The State Department’s annual report on South Sudan, published in April 2024, says “significant human rights issues” include arbitrary killings, disappearances, torture or inhumane treatment by security forces and extensive violence based on gender and sexual identity.
The Homeland Security Department has given Temporary Protected Status to a small number of South Sudanese already living in the United States, shielding them from deportation because conditions were deemed unsafe for return. Noem recently extended those protections to November to allow for a more thorough review.
The U.S is one of the biggest donors to South Sudan’s humanitarian aid programs, with the total funding in 2024 standing at over $640 million.
Casey reported from Boston and Sullivan from Minneapolis. Rebecca Santana in Washington and Elliot Spagat in San Diego contributed to this report.
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