Judge Orders U.S. to Keep Control of Migrants Sent to South Sudan Amid Deportation Concerns

WASHINGTON — A federal judge has stepped in to halt the deportation of migrants reportedly sent from the U.S. to South Sudan, citing concerns that their removal may have violated legal protections.

Late Tuesday, U.S. District Judge Brian E. Murphy in Massachusetts ruled that U.S. officials must maintain custody of these migrants to ensure they can be returned if the court finds their deportations unlawful.

The ruling came after emergency hearings triggered by lawyers representing migrants from Myanmar, Vietnam, and other countries. The attorneys raised alarms that the Trump administration had quietly begun sending some migrants to South Sudan, despite a court order limiting deportations to third countries without proper legal review.

Judge Murphy emphasized that the government must “maintain custody and control” of migrants currently being sent to South Sudan or any other country, to allow for possible return if their removals are found to be illegal. He also expects the migrants to be treated humanely during the process.

Migrants May Have Been Deported Without Proper Notice or Legal Process

Attorneys revealed that up to a dozen migrants may have been sent to Africa without sufficient opportunity to challenge their deportation. One man from Myanmar was reportedly informed of his deportation hours before his flight — in English, a language he does not speak well.

Similarly, a woman reported her husband from Vietnam and nearly ten others were also deported to Africa this past Tuesday morning. These actions, lawyers argue, violate the court’s order which requires migrants to have a “meaningful opportunity” to raise concerns about their safety before being sent to a third country.

Court Demands Government Accountability

Judge Murphy ordered the government to appear in court Wednesday to provide detailed information about who was deported, when and how they were informed, and what chances they had to make a fear-based claim against removal. He also demanded updates on the whereabouts of migrants already sent to South Sudan.

The Department of Homeland Security and the White House have yet to respond to requests for comment.

The Complex Reality of Deportations to Third Countries

The U.S. has faced challenges deporting migrants to their home countries when those nations refuse to accept them. This has led the government to negotiate agreements with other countries, such as Panama, to house migrants temporarily. Under controversial circumstances, the Trump administration has also sent Venezuelans to El Salvador under an old wartime law that remains legally disputed.

South Sudan, the current focus of concern, has experienced ongoing violence and instability since its independence in 2011. Just weeks ago, U.N. officials warned that fighting between rival factions could escalate into another deadly civil war, reminiscent of conflicts that killed hundreds of thousands in 2013 and 2016.

Human Rights Concerns in South Sudan

The U.S. State Department’s 2024 report highlights serious human rights abuses in South Sudan, including arbitrary killings, disappearances, torture, and widespread gender-based violence.

Recognizing these dangers, the U.S. has granted Temporary Protected Status (TPS) to a small number of South Sudanese migrants already living in the U.S., shielding them from deportation. Secretary of Homeland Security Kristi Noem recently extended these protections through November to allow further review.