U.S. Judge Orders Halt to Deportations to South Sudan Amid Legal, Human Rights Concerns

Last Updated May - 21 - 2025, 01:37 PM | Source : Fela News

A federal judge has ruled that U.S. officials must retain custody of migrants deported to South Sudan, citing legal violations and safety risks. Deportations ma

On Tuesday, May 20, 2025, a federal judge ordered U.S. officials to retain custody of migrants who appear to have been deported to South Sudan, to ensure they can be returned if their removal is deemed unlawful. U.S. District Judge Brian E. Murphy, presiding in Massachusetts, issued the directive during an emergency hearing after attorneys for several immigrants alleged that the Trump administration had started deporting individuals from countries such as Myanmar and Vietnam to South Sudan—despite a standing court order prohibiting removals to third countries without due process.

Judge Murphy stated that the government must maintain custody and control of any class members being deported to South Sudan or other nations, ensuring their return is feasible if the court later rules against the removals. While he allowed the government to decide how to comply, he emphasized that the individuals must be treated humanely.

Immigration attorneys warned that up to a dozen migrants from different countries may have already been flown to Africa, potentially violating the court’s requirement that individuals be granted a fair opportunity to argue that deportation to a third country would endanger them. Court documents cited the case of a Myanmar national informed of his deportation only in English—a language he poorly understands—just hours before his flight. Another woman reported her husband, a Vietnamese national, was among a group flown to Africa that same morning.

The National Immigration Litigation Alliance requested an emergency order to halt further deportations. Judge Murphy, a Biden appointee, had previously ruled that removing individuals to Libya without notice would clearly breach his earlier judgment, which also covers those who have exhausted their legal avenues. In his latest order, he instructed the government to appear in court on Wednesday, May 21, 2025, to identify affected migrants, clarify when and how they were notified, and explain what opportunities were given for fear-based claims. He also demanded details on the whereabouts of any migrants already deported.

Neither the Department of Homeland Security nor the White House responded to requests for comment. Due to some countries refusing to accept deportees from the U.S., the Trump administration has forged agreements with third countries like Panama to detain them. In previous cases, Venezuelans were sent to a notorious El Salvador prison under a controversial, centuries-old wartime law.

South Sudan, which gained independence in 2011, continues to experience violence and political instability. Just weeks ago, the U.N.'s top official in the country warned of escalating tensions between rival factions, raising fears of a return to civil war, similar to the deadly conflicts of 2013 and 2016 that claimed over 400,000 lives. The U.S. State Department's 2024 human rights report on South Sudan documented severe abuses, including torture, arbitrary killings, enforced disappearances, and widespread gender-based violence.

Given the conditions, the U.S. Homeland Security Department has extended Temporary Protected Status (TPS) to some South Sudanese nationals living in the U.S. since the country's formation. Homeland Security Secretary Kristi Noem recently extended these protections through November to allow more time for evaluation.