Judge Cites 'Strong Indication' that Deportations to South Sudan Violate Previous Court Order, Orders Admin to Keep Custody of Migrants

A federal judge has ordered the U.S. government to retain custody of a group of migrants flown to South Sudan, citing what he described as a "strong indication" that the deportations violated a prior court order barring such removals without due process.

During an emergency virtual hearing on Tuesday, U.S. District Judge Brian Murphy instructed the Department of Homeland Security (DHS) not to release any individuals covered by his injunction after the plane landed. He did not require the flight to turn around but said that remained an option. "I'm not going to limit DHS on where they hold them," Murphy stated as quoted by Reuters. "If they want to turn the plane around, they can."

The court order follows revelations that nearly a dozen migrants, including individuals from Vietnam, Laos, Thailand, Pakistan, and Mexico, were in transit to South Sudan from a detention facility in Texas.

Attorneys for the migrants argued the removals violated Murphy's preliminary injunction issued on April 18, which mandates that migrants being transferred to third countries be given a meaningful opportunity to raise concerns of potential persecution or torture, as protected under the Fifth Amendment.

"I have a strong indication that my preliminary injunction order has been violated," Murphy told Elianis Perez, a lawyer representing the Department of Justice. The judge warned that DHS officials could face criminal contempt if found to be in breach of the order.

The deportation effort is part of a broader initiative by the Trump administration to pursue mass removals of migrants, including those previously granted protections. DHS had instructed officers in February to review such cases for potential re-detention and transfer to third countries.

Among those reportedly on board the flight was a Vietnamese man previously convicted of murder, according to Perez. A DHS lawyer added that another passenger had a conviction for rape. Despite the criminal records, the court emphasized that all individuals are entitled to procedural protections before being removed.

Lawyers for the migrants reported inconsistent information regarding destinations. One Myanmar national was believed to be sent to South Sudan but was later flown to Myanmar instead. Perez was unable to explain the change, which attorney Trina Realmuto of the National Immigration Litigation Alliance said "defies logic."