If the migrant is found to have a “reasonable fear,” Murphy said the government is required to reopen their immigration proceedings.
If they don’t demonstrate a reasonable fear, the government must still provide a “meaningful opportunity, and a minimum of 15 days” to reopen their case.
“I have some serious confidentiality, privacy concerns about where this reasonable fear interview is going to take place,” she said.
How are they going to investigate and learn about the conditions in South Sudan?
“I would caution you to make the assumption that their final destination is South Sudan.
A federal judge in Boston decided on Wednesday that the Trump administration’s decision to deport eight men who were found guilty of violent crimes to South Sudan “unquestionably” violated a previous order because they were not given a “meaningful opportunity to object” to their removal to a different country.
Judge Brian Murphy, however, of the U. S. . The plaintiffs wanted the plane carrying the deportees to be returned to the United States, but the District Court for the District of Massachusetts refused.
Instead, the judge seemed content to believe the Trump administration when it said that the government could interview the detainees to find out whether they had a legitimate or reasonable fear of being sent back to South Sudan.
Murphy outlined requirements the government must meet for doing so in a follow-up set of orders issued late Wednesday evening. She stated that the government must give migrants at least 10 days to voice concerns about the safety risks they may face if they are sent to a third country. The government must reopen its immigration proceedings if the migrant is determined to have a “reasonable fear,” Murphy said. The government must still give them a “meaningful opportunity, and a minimum of 15 days” to reopen their case even if they don’t show a legitimate fear.
When Murphy first issued an injunction last month restricting the removal of migrants to third countries, he criticized the government’s apparent understanding of what “meaningful opportunity” meant in a memo outlining his order.
“The non-citizens in question had less than 24 hours’ notice, and zero business hours’ notice, before being placed on a plane and sent to a country as to which the U.S. A. Murphy wrote, “The Department of State warns against traveling to South Sudan because of the country’s high rate of crime, kidnapping, and armed conflict.”. This Court’s conclusion that no reasonable interpretation of the Court’s Preliminary Injunction could support yesterday’s events is further supported by additional facts about the lack of information, the hurried and confused notice that the individuals received, language barriers, and attorney access, as described on the record during today’s hearing. “.
Late Wednesday evening, Tricia McLaughlin, assistant secretary for public affairs at the Department of Homeland Security, described the judge’s decision as “deranged” in a statement.
She said in the statement, “All of these depraved people have had their day in court and been given final deportation orders.”. As a reminder, this plane contained murderers, child rapists, and someone who had raped a person with a mental or physical disability. This activist judge is telling victims and their families that we don’t give a damn. While activist judges are fighting to bring violent criminals back to the United States, President Trump and Secretary Noem are working tirelessly every day to get them out of our country. “,”.
Earlier Wednesday, the deported men’s lawyers argued in court that the plane should be sent back to the United States. S. . and the men ought to be granted the remedy that “can only be administered on U. A. Trina Realmuto, the National Immigration Litigation Alliance’s executive director, stated, “Soil.”.
According to her, it would be a “legal and logistical nightmare” for the men who are being held to obtain legal representation and the information they require in order to make a challenge.
She stated, “I have some serious confidentiality, privacy concerns about where this reasonable fear interview is going to take place.”. How will they explore and learn about the conditions in South Sudan? How will they provide proof that they have a reasonable fear? Who will conduct this reasonable fear interview? Most importantly, how will they obtain the legal representation they are entitled to in order to discuss the reasonable fear process? “..”.
Realmuto also expressed worries about interviewing U and locating interpreters. S. . Personnel from Citizenship and Immigration Services work remotely in various time zones.
The requirements for the interviews were outlined in Murphy’s order, which stated that they had to take place in a private setting, have access to attorneys and an interpreter, and have the technology “commensurate with the access they would receive were they in DHS custody within United States borders.”. “.
The judge stated at the previous court hearing that he wanted the interviews to be conducted in a setting that was “appropriate with an appropriate degree of privacy,” even if that meant “renting a room at a Holiday Inn.”. “.
Murphy’s order also mandated that the migrants and their attorneys be notified at least 72 hours in advance of the scheduled reasonable fear interview.
In order to “ensure the practical feasibility of return if the Court finds that such removals were unlawful,” Murphy ordered the government on Tuesday to retain custody of anyone covered by his preliminary injunction who is currently being removed to South Sudan or any other nation. “.”.
Earlier Tuesday, DHS confirmed in a news conference that eight migrants were put on a deportation flight from Texas to South Sudan, which is engulfed in conflict. However, they warned that this would not be the migrants’ ultimate destination.
At that news conference, DHS spokesperson McLaughlin told reporters, “No nation on earth wanted to accept them because their crimes are so uniquely barbaric and monstrous.”. “..”.
According to DHS information, a number of those men were found guilty of first-degree and second-degree murder.
Burmese citizen Kyaw Mya was found guilty of engaging in lewd behavior with a victim who was younger than twelve. Burma national Nyo Myint was found guilty of first-degree sexual assault against a victim who was physically and mentally unable to defend themselves.
Another person was found guilty of robbery, gun possession, and drunk driving.
During the press conference, McLaughlin stated, “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.”. “Even though we abide by the law and court orders to the letter, it is completely ridiculous for a district judge to attempt to control American foreign policy and national security. “.”.
McLaughlin responded that she was unable to “disclose where their current whereabouts are right now” when asked where the eight men were, but that they were still under DHS custody. Citing security concerns, officials refused to reveal their ultimate destination.
“I would advise you to assume that South Sudan is their ultimate destination. “I would definitely refer you to the State Department’s more specifics regarding that agreement,” she said.
According to officials, DHS and the State Department struck a “safe third-country agreement” with a country that would take the men after their home countries refused to accept them. “,”.
“I can say that their home countries refuse to take these individuals back,” the actor said. S. . Todd Lyons, director of immigration and customs enforcement, stated.
“ICE detention is not a form of punishment. After 180 days or six months, we detain and then remove. “Finding a safe third country is an option if we don’t have a country that will return its citizens,” Lyons stated.
But McLaughlin told reporters that the eight migrants had been given a fair trial.
“We are adhering to the U.S. due process. S. . Constitution. Plenty of advance notice has been given to these people and their attorneys. Regarding those actual agreements, we can contact the State Department for further details,” she said.
Lawyers for the migrants told reporters outside the courthouse on Wednesday that the State Department does not recommend U.S. citizens to travel to South Sudan.
Realmuto told reporters, “They are categorically not safe.”. These are unsafe locations for our classmates, and they aren’t given the chance to speak with legal professionals or make an educated decision regarding their fear of deportation to those nations. “.
Lawyers also expressed concern about the conditions the migrants are going through while still being detained on a tarmac.
Anwen Hughes, director of legal strategy at Human Rights First, told reporters following the hearing on Wednesday that “nobody is able to consult with them from where they are at the moment, and that includes counsel for the one person who actually had counsel at the time of his removal.”.
This report was contributed to by Ely Brown of ABC News.
