Court Allows Deportation of Djibouti Detainees to South Sudan After Emergency Request Denied

Court Decision on Deportation

Eight migrants who had been held in Djibouti for several weeks were deported to South Sudan after a series of court proceedings on Friday.

A federal judge in Massachusetts denied an emergency request from the migrants’ legal representatives to prevent their deportation. The lawyers argued that their clients could face torture if returned to South Sudan.

In a brief order, United States District Judge Brian E. Murphy stated that a recent Supreme Court decision, which allowed the deportation to proceed, was binding on the current request, as it involved similar claims. The Supreme Court had ruled in favor of the administration, permitting the removal of the eight migrants to South Sudan.

A spokesperson for the Department of Homeland Security commented on the decision on social media.

The spokesperson told CNN that after several weeks of delays, the eight individuals were deported to South Sudan.

Arguments and Legal Proceedings

The detainees’ lawyers argued that their clients would face torture if sent to South Sudan and would be deprived of constitutional rights. They described the deportation in court filings as "punitive banishment" and "severe punishment," warning that the detainees could be at risk of arbitrary imprisonment, torture, or harm.

Judge Randolph Moss of the DC District Court held emergency hearings on Friday before determining the case should be transferred to Massachusetts.

"It seems self-evident the US government can’t take human beings and send them to a place where their physical well-being is at risk," Moss said, referencing the potential risks in South Sudan.

Moss ordered that the migrants not be moved until 4:30 p.m. ET and instructed their lawyers to seek intervention from a Massachusetts judge. The lawyers filed new claims in Massachusetts federal district court shortly after 4 p.m.

Attorneys for the migrants argued that sending them to South Sudan would constitute additional punishment beyond sentences already served. One lawyer stated in court that the administration’s actions in this case were unprecedented in the context of US deportations.

The Justice Department argued that the request for relief should have been filed earlier, using a different type of claim and in a different court. Justice Department attorney Hashim Mooppan stated that the legal approach appeared to be an attempt to delay the removal process and expressed concern that ongoing court proceedings could affect US diplomatic relations as the government negotiates with other countries regarding deportations.

Background and Additional Details

The eight detainees in Djibouti are from countries including Myanmar, Sudan, Mexico, Vietnam, Laos, and Cuba, according to court filings. The administration has expedited the process of placing detainees on planes to other countries, some of which have histories of safety risks.

In court, the administration provided details about diplomatic correspondence with South Sudan, stating that upon arrival, the migrants would be granted an immigration status according to South Sudanese law and procedures, and that the US did not request their detention.

Judge Moss stated that he believed the detainees’ lawyers were seeking to protect their clients’ well-being.

He also referenced a travel warning from the State Department regarding significant risks to physical safety in South Sudan.

Despite these concerns, Moss limited his intervention in the government’s plans, explaining that administrative stays should not last longer than necessary.

This article has been updated with additional developments.