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.
The Trump administration’s deportations of eight men convicted of violent crimes to South Sudan “unquestionably” violated an earlier order, according to a federal judge in Boston on Wednesday. The judge found that the men were not given a “meaningful opportunity to object” to their removals to a land other than their own.
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.
The judge seemed content to accept the Trump administration’s assertion that the government could interview the detainees to ascertain 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. He 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. In the event that the migrant is determined to have a “reasonable fear,” Murphy stated that the government must reopen its immigration proceedings. The government is still required to give them a “meaningful opportunity, and a minimum of 15 days” to reopen their case even if they don’t exhibit a legitimate fear.
When he first issued an injunction last month restricting the removal of migrants to third countries, Murphy criticized the government’s apparent grasp 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. gives credit to defendants’ accounts. S. 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.”. The Court’s conclusion that no reasonable interpretation of the Court’s Preliminary Injunction could support yesterday’s events is reinforced and confirmed 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.
“These depraved individuals have all had their day in court and been given final deportation orders,” she said in the statement. “Remind yourself of the people on this plane: rapists, murderers, and someone who raped a person with a mental or physical disability. We don’t care is the message this activist judge is trying to convey to the victims and their families. 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. “.
Attorneys for the deported men contended that the plane ought to be sent back to the United States during a court hearing earlier Wednesday. S. . It is necessary to provide the men with the due process that “can only take place on U. S. “soil,” stated Trina Realmuto, the National Immigration Litigation Alliance’s executive director.
She said that access to legal representation and the information required to make a challenge would be a “legal and logistical nightmare” for the men in custody under the current conditions.
“I am quite concerned about the confidentiality and privacy of the location where this reasonable fear interview will be conducted,” she stated. “Who will conduct this reasonable fear interview? More importantly, how will they obtain the legal representation they are entitled to in order to discuss the reasonable fear process? How will they research and educate themselves on the conditions in South Sudan? How will they provide proof that they have a reasonable fear? “..”.
Finding interpreters and interviewing U were other issues that Realmuto brought up. A. Employees of Citizenship and Immigration Services work remotely in various time zones.
Murphy outlined requirements for the interviews in his order, including that they be conducted in private, that they have access to attorneys and an interpreter, and that they have access to the necessary technology “commensurate with the access they would receive were they in DHS custody within United States borders.”. “..”.
“I want the interviews to take place in an appropriate place with an appropriate degree of privacy,” the judge stated during the earlier court hearing, even if that means “renting a room at a Holiday Inn.”. “..”.
The migrants and their attorneys must be informed at least 72 hours in advance that a reasonable fear interview has been scheduled, according to Murphy’s order.
If the Court determines that the removals were illegal, Murphy’s order from Tuesday requires the government to keep in custody anyone covered by his preliminary injunction who is being deported to South Sudan or any other nation “to ensure the practical feasibility of return.”. “.
While DHS warned that this would not be the migrants’ ultimate destination, they confirmed in a news conference earlier Tuesday that eight migrants were put on a deportation flight from Texas on Monday that was bound for war-torn South Sudan.
DHS spokesperson McLaughlin told reporters during that press conference that “their crimes are so uniquely barbaric and monstrous that no country on earth wanted to accept them.”. “..”.
According to information made public by DHS, a number of those men were found guilty of first- 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 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.”. “A district judge attempting to control the foreign policy and national security of the United States of America is completely ridiculous, even though we abide by the law and court orders. “,”.
McLaughlin stated that she was unable to “disclose where their current whereabouts are right now” in response to a question about the whereabouts of the eight men, but that they were still under DHS custody. Citing security concerns, officials refused to reveal where they were going.
“I would advise you to assume that South Sudan is where they are ultimately going. “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 worked together to find a country that would take the men under a “safe third-country agreement” after their home countries refused to take them. “.
“I can say that their home countries refuse to take these individuals back,” the actor said. S. . remarked Todd Lyons, director of immigration and customs enforcement.
“ICE detention isn’t a form of discipline. After 180 days or six months, we detain and remove. Lyons stated, “We have the option to find a safe third country if we don’t have a country that will take their citizens back.”.
But McLaughlin told reporters that the eight migrants had been given a fair trial.
We’re abiding by the U.S. due process. A. the Constitution. Plenty of advance notice has been given to these people and their attorneys. We can get back to you with additional details from the State Department regarding those actual agreements,” she stated.
The State Department advises Americans not to travel to South Sudan, according to the migrants’ attorneys who spoke to reporters outside the courthouse on Wednesday.
“They are categorically not safe,” Realmuto said to television reporters. “Our class members are in unsafe environments there, and they aren’t given the chance to speak with legal counsel or make an informed 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.
Following the hearing, Human Rights First’s director of legal strategy, Anwen Hughes, told reporters Wednesday, “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 by Ely Brown of ABC News.
