A U.S. federal judge has sharply criticized the Biden administration for potentially violating a court order by deporting migrants to South Sudan, a nation facing severe instability and violence.
During an urgent virtual hearing, Judge Brian Murphy of the District Court in Boston addressed alarming reports that nearly a dozen migrants had already been flown to the African country — possibly in direct violation of a standing injunction. The judge emphasized that while he wouldn’t mandate the plane return immediately, he expected the Department of Homeland Security (DHS) to keep the migrants in custody and comply with the order using any means necessary, even if that meant holding them on the tarmac.
“If they want to turn the plane around, they can,” Murphy stated, making it clear the administration would be held accountable. “I have a strong indication that my preliminary injunction has been violated.”
The April 18 court order was intended to ensure that no migrant would be deported to a third country without being granted due process and an opportunity to raise concerns about potential torture or persecution. These legal protections are grounded in the Fifth Amendment of the U.S. Constitution.
Despite this, immigration lawyers say that a group of detainees — including individuals from Vietnam, Laos, Myanmar, Pakistan, Thailand, and Mexico — were flown out of a Texas detention center and sent to South Sudan, a country the United Nations has described as spiraling into political and humanitarian chaos.
Among the group was a Vietnamese man whose wife sent a desperate plea to his lawyer: “Please help! They cannot be allowed to do this.” Reports suggest that the DHS moved forward with the deportations even as legal proceedings were underway to halt such actions.
One of the administration’s attorneys claimed that the Vietnamese man had a murder conviction, and that others on the flight included a person convicted of rape. However, immigration advocates argue that regardless of criminal history, individuals are still entitled to due process before being removed to a third country — especially one as volatile as South Sudan.
Adding to the confusion, government lawyers later contradicted earlier statements by claiming at least one detainee was actually sent to Myanmar, not South Sudan — an inconsistency immigration attorneys called “illogical” and troubling.
This isn’t the first time the Biden administration has come under fire for flouting court orders regarding deportations. In April, a separate judge found probable cause that officials violated an order by deporting Venezuelan nationals without due process. Just last week, the U.S. Supreme Court upheld a block on mass deportations under a 1798 wartime law, citing due process concerns.
As tensions mount, Judge Murphy warned that any further violations of his court’s orders could lead to criminal contempt charges against officials. Another hearing is set for Wednesday, where the judge will further examine whether the administration acted unlawfully in this latest deportation saga.
