In a significant immigration ruling, U.S. District Judge Brian Murphy has ordered the Trump administration to retain custody of a group of immigrants who were recently deported to South Sudan. The decision follows claims that the Department of Homeland Security (DHS) violated a standing court injunction by removing individuals without providing them with adequate legal safeguards or the chance to voice fears related to their deportation.
Court Intervenes Over Deportation of Non-Sudanese Nationals
The court’s emergency order, issued on May 20, was prompted by reports that the DHS had deported immigrants from countries like Vietnam and Myanmar (Burma) to South Sudan—despite these individuals not holding South Sudanese citizenship. Lawyers representing the deportees stated that these removals occurred in breach of an earlier injunction issued on April 18, which bars deportations to third countries unless due process is followed.
According to the plaintiffs, at least one Burmese national was deported without understanding the contents of his removal notice, which was written only in English. The court had previously mandated that any notice of removal must be presented in a language the immigrant understands, ensuring a fair and transparent process.
Lawyers Argue Lack of Opportunity to Claim Asylum or Raise Safety Concerns
Attorneys argue the deportees were denied a “meaningful opportunity” to present concerns about persecution or human rights violations in South Sudan. None of the individuals removed were South Sudanese nationals, intensifying fears about their safety and legal status upon arrival.
During the hearing, Justice Department lawyer Elianis Perez acknowledged that the deported group included individuals with serious criminal convictions, such as a Vietnamese national convicted of murder and another person convicted of rape. However, Judge Murphy emphasized that constitutional protections and legal procedures must still be respected.
DHS Ordered to Track Deportees and Justify Process
Judge Murphy directed the Department of Homeland Security to maintain effective control and custody over those already deported, to allow their potential return to the United States if their removal is ruled unlawful. He further ordered DHS to submit a list of those deported to South Sudan, explain when and how their deportation notices were issued, and clarify what opportunities they were given to raise asylum or fear-based claims.
“While compliance measures are left to the discretion of DHS, the Court expects class members to be treated in a humane and lawful manner,” Judge Murphy stated in his order.
Legal History: Reaffirmation of April Injunction
This latest ruling builds on Judge Murphy’s May 7 decision, which reaffirmed that DHS cannot deport non-citizens to third countries without proper notification and an opportunity to express credible fears of harm. That earlier order was issued in response to concerns that Southeast Asian nationals—Laotian, Vietnamese, and Filipino—were being sent to Libya without required procedural safeguards.
The broader legal case is part of an ongoing class-action lawsuit challenging how the Trump administration handles third-country deportations, particularly for individuals facing threats in their destination countries.
DHS Yet to Respond
As of now, the Department of Homeland Security has not released a public response to the court’s order. The agency is expected to comply by identifying the affected deportees and outlining its deportation procedures.
