(WASHINGTON) — A district judge ruled on Wednesday that the government’s deportations of eight men convicted of violent crimes to South Sudan was “unquestionably violative of this Court’s order” after ruling earlier this week that the Department of Homeland Security maintain custody of the migrants.
Judge Brian Murphy, of the U.S. District Court for the District of Massachusetts, had issued an order on Tuesday directing the government to maintain custody of anyone covered by his preliminary injunction who is in the process of being removed to South Sudan or any other country “to ensure the practical feasibility of return if the Court finds that such removals were unlawful.”
“It was impossible for these people to have a meaningful opportunity to object to their transfer to South Sudan in that time frame,” he said, arguing that due process was not possible since the migrants received their notices of removal on the evening of May 19 and then taken out of the detention facility the next morning.
DHS confirmed the eight migrants were placed on a deportation flight from Texas headed to war-torn South Sudan on Monday, officials said ahead of the hearing, though they cautioned this would not be the migrants’ final destination.
Ahead of the hearing, DHS held a news conference in Boston on the deportations in which Assistant Homeland Security Secretary Tricia McLaughlin told reporters that “no country on earth wanted to accept them because their crimes are so uniquely monstrous and barbaric.”
“A local judge in Massachusetts is trying to force the United States to bring back these uniquely barbaric monsters who present a clear and present threat to the safety of the American people and American victims,” McLaughlin said. “While we are fully compliant with the law and court orders, it is absolutely absurd for a district judge to try and to dictate the foreign policy and national security of the United States of America.”
When asked where the eight men are, McLaughlin said she “can’t disclose where their current whereabouts are right now” but that they were still in DHS custody. Officials declined to identify their final destination, citing security concerns.
“I would caution you to make the assumption that their final destination is South Sudan. As far as that agreement goes, I would definitely refer you to the State Department’s more specifics,” she added.
Officials said the men’s countries of origin refused to accept them, so DHS in partnership with the State Department found a country that would accept them through a “safe third-country agreement.”
“I can say that their home countries refuse to take these individuals back,” acting U.S. Immigration and Customs Enforcement Director Todd Lyons said.
“ICE detention isn’t punitive. We detain and remove after six months or 180 days. If we don’t have a country that’ll take their citizens back, we do have an option to find a safe third country,” Lyons said.
However, McLaughlin argued to reporters that the eight migrants were given due process.
“We are following due process under the U.S. Constitution. These individuals have been given and their lawyers have been given plenty of prior notice. As far as those actual agreements, we can get back to you with more information from the State Department,” she said.
Murphy said the violation will now need to be remedied.
In response, plaintiffs’ attorney Trina Realmuto argued during the court hearing that the plane should be returned to the U.S. and the men should be afforded the due process that she said “can only take place on U.S. soil.”
Drew Ensign, an attorney for the Department of Justice, asked the court to fashion as narrow a remedy as possible and suggested that an option is for the due process required by the injunction to take place without bringing the plane back to the U.S. However, Ensign could not immediately answer Murphy’s question about whether that is possible.
ICE released names and other details regarding those deported on Wednesday. Several were convicted of first-degree and second-degree murder.
Kyaw Mya, a citizen of Burma, was convicted of lascivious acts with a child-victim less than 12 years of age. Nyo Myint, a citizen of Burma, was convicted of first-degree sexual assault involving a victim mentally and physically incapable of resisting.
Another was convicted of robbery, possession of a firearm and driving under the influence.
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