The administration under President Donald Trump has been accused of breaching a federal court order by deporting two Cuban nationals along with six other migrants to a third country, specifically South Sudan. This assertion was made by Judge Brian Murphy of the U.S. District Court for the District of Massachusetts. Murphy declared the deportation to be a "clear violation of the court's order," emphasizing that the migrants were not given a fair chance to contest their relocation to a country other than their own.
During a hearing on Wednesday, Murphy highlighted that these individuals had no real opportunity to oppose their transfer to South Sudan. This statement underscores the notion that the administration deliberately disregarded due process rights. According to reports from the BBC and CBS News, on April 18, Murphy issued an order mandating that illegal immigrants must have a "meaningful opportunity" to contest their deportation to third countries.
In response, White House spokeswoman Karoline Leavitt criticized Murphy, accusing him of attempting to "bring these monsters back" to the U.S. She claimed that Murphy’s order forced federal officials to stay in Djibouti for over two weeks, jeopardizing U.S. diplomatic relations worldwide and endangering the lives of agents who had to remain with these "illegal murderers, criminals, and rapists." Leavitt described Murphy’s order as a "massive judicial overreach" and insisted that foreign policy and national security are beyond his control.
Controversial Flight
Despite Murphy's court order, a plane left Texas on Wednesday, carrying the eight migrants to an undisclosed location. Tricia McLaughlin, a spokeswoman for the Department of Homeland Security (DHS), verified the flight's departure during a press conference but refused to disclose the final destination "for security reasons," stating that the individuals remained in U.S. custody. Under pressure from the media and legal authorities, she later acknowledged that the flight might have made multiple stops, cautioning that "it should not be assumed that South Sudan is their final destination," although court documents and attorney testimonies indicated that the African nation was indeed the chosen destination.
The migrants were identified as Enrique Arias Hierro and José Manuel Rodríguez (both from Cuba), Jesús Muñoz Gutiérrez (Mexico), Thongxay Nilakout (Laos), Kyaw Mya and Nyo Myint (Myanmar), Tuan Thanh Phan (Vietnam), and Dian Peter Domach (South Sudan). According to DHS, all have criminal records, including offenses such as murder, child rape, sexual assault, and armed robbery.
McLaughlin labeled the deportees as "some of the most barbaric and violent individuals." She stated that no country wanted to accept them due to the heinous nature of their crimes, but the State Department managed to find a nation willing to take them in. McLaughlin defended the operation as a "diplomatic and military security measure," criticizing Judge Murphy for attempting to dictate U.S. foreign policy and national security.
Judicial and Executive Conflict
This reflects an escalating tension between the executive and judicial branches during the Trump administration, particularly concerning immigration policies. The government's stance was supported by acting Immigration and Customs Enforcement (ICE) Director Todd Lyons, who maintained that if a country refuses to accept its citizens, the U.S. has "the option to find a safe third country." Lyons commented that such countries are "recalcitrant" when they reject their citizens' return.
Legal Irregularities and Challenges
Various migrant rights organizations filed an emergency appeal in Massachusetts court, arguing that their clients were given less than 24 hours' notice and lacked language assistance. In the case of Nyo Myint from Myanmar, his attorney Jonathan Ryan explained to the BBC that on May 19, Myint received two conflicting notifications—one sending him to South Africa and another to South Sudan—both in English, a language he barely understood. Ryan expressed frustration, saying, "I have no idea where he is," and accused the U.S. government of making him disappear.
Ryan also emphasized that, despite his client's criminal record, the government deliberately selected these individuals to divert attention from its blatant disregard for a federal court order. He warned, "If we allow the government to decide who deserves due process and who has rights, we are surrendering all rights."
The BBC reported that the day before the flight, Judge Murphy ordered the migrants to remain in government custody, receive humane treatment, and have reasonable time to contest their deportations.
Expanding International Strategy
This incident is part of a broader context of accelerated deportations under the Trump administration, which sought agreements with third countries to accept expelled individuals. In mid-March, over 200 migrants, mostly Venezuelans, were sent to a mega-prison in El Salvador under a secret agreement with President Nayib Bukele, for which the U.S. paid six million dollars. Other countries such as Rwanda, Benin, Angola, Equatorial Guinea, Eswatini, and Moldova have also been mentioned in media reports as potential recipients of deported migrants.
Meanwhile, then-Secretary of State Marco Rubio announced the revocation of visas for citizens of South Sudan in retaliation for that country's refusal to accept deportees, highlighting the contradiction of sending them there nonetheless.
Key Questions About the Deportation Incident
Why did Judge Brian Murphy criticize the deportation to South Sudan?
Judge Brian Murphy criticized the deportation to South Sudan because it violated a federal court order that required migrants to have a meaningful opportunity to contest their deportation to third countries.
What was the response from the White House regarding the judge's ruling?
The White House, through spokeswoman Karoline Leavitt, criticized Judge Murphy's ruling, accusing him of overstepping his authority and attempting to interfere with national security and foreign policy.
Who were the migrants involved in the controversial deportation?
The migrants included two Cuban nationals, Enrique Arias Hierro and José Manuel Rodríguez, along with individuals from Mexico, Laos, Myanmar, Vietnam, and South Sudan, all of whom had criminal records.