Washington, D.C., May 22, 2025 — A federal judge has ruled that the deportation of eight men to South Sudan “unquestionably” violated his court order requiring that migrants be given the opportunity to challenge their removal to third countries.
Judge Brian Murphy’s decision on Wednesday marks the latest development in an ongoing legal dispute over the U.S. government’s deportation practices. One day prior, Murphy had ordered authorities to retain custody of the men amid concerns the Department of Homeland Security (DHS) breached his injunction against deporting migrants to countries other than their homeland without due process.
The DHS characterized the deportees as “uniquely barbaric monsters” convicted of serious crimes including murder, rape, and child rape, and insisted South Sudan was not their final destination.
During a hearing, Judge Murphy expressed strong disapproval of DHS actions, stating, “I don’t see how anybody could say that these individuals had a meaningful opportunity to object.”
Justice Department attorneys argued the judge’s orders were ambiguous and led to misunderstandings. Meanwhile, the DHS confirmed that the flight carrying the migrants had landed but withheld details on the location, citing operational and safety concerns.
The eight deportees hold citizenships from Cuba, Laos, Mexico, South Sudan, Myanmar, and Vietnam. DHS spokeswoman Tricia McLaughlin defended the actions, saying, “It is absurd for a US judge to try to dictate the foreign policy and national security of the US.”
Immigration and Customs Enforcement (ICE) Director Todd Lyons added, “If we don’t have a country that’ll take their citizens back, we do have an option to find a safe third country,” but did not specify potential destinations.
Judge Murphy’s April 18 ruling mandates that illegal migrants must have a “meaningful opportunity” to contest removal to countries other than their own. Upon learning the men were being deported, the judge quickly ordered a hearing and requested that they remain in government custody and be “treated humanely,” though he did not instruct the plane to return.
One deportee, Nyo Myint from Myanmar, was sentenced to 12 years for sexual assault and detained in Texas before deportation. His attorney, Jonathan Ryan, reported that Myint received conflicting deportation notices, first indicating South Africa, then South Sudan, a country he barely speaks the language of. Ryan said, “He’s been disappeared by the United States government,” emphasizing that despite criminal convictions, the men are entitled to due process rights.
Ryan accused the government of selectively ignoring federal court orders to obscure its broader deportation agenda.
The Trump administration has accelerated efforts to deport migrants not only to their home countries but also to third nations willing to accept them. This includes sending Venezuelan migrants to a detention facility in El Salvador. Several African and European countries, including Rwanda, Benin, Angola, Equatorial Guinea, Eswatini, and Moldova, are reported to be engaged in talks with the U.S. regarding deportations.
In early April, U.S. Secretary of State Marco Rubio announced visa revocations for all South Sudanese passport holders due to South Sudan’s refusal to accept deported citizens.
The ongoing legal and diplomatic tensions highlight the complexity and controversy surrounding U.S. immigration enforcement policies under the current administration.
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