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A federal judge said that the deportation from eight men to Zuid -Sudan “without a doubt” has violated his order that migrants must be allowed to remove their removal to third countries.
The finding of judge Brian Murphy on Wednesday was the last turn in a rapidly evolving dispute.
A day before, he ordered the American authorities to keep custody of men, due to concern that the US had violated its order against sending migrants to countries other than their own without worry.
The Ministry of Interior Security has said that it tried to deport “unique barbaric samples” that were convicted of crimes, including murder, and South Sudan was not their final destination.
During a hearing on Wednesday, Judge Murphy said that the attempts of the Ministry of Interior Security to deport the men “are unquestionably contrary to the order of this court”, according to CBS News, the American partner of the BBC.
“I don’t see how someone could say that these individuals had a meaningful opportunity to object,” said Judge Murphy.
The lawyers of the Ministry of Justice said that his orders were unclear and had led to “misunderstandings”.
Earlier, a lawyer confirmed for the Ministry of Justice that the plane had landed with the deportees, but did not say where, with reference to “very serious operational and safety problems”, as reported by Reuters.
The judge said that he would decide on another day whether he would keep domestic security officials for contempt from the court.
Earlier on Wednesday, the Department shared the photos, nationalities and criminal convictions of eight men on board the deportation flight.
They are mentioned as citizens of Cuba, Laos, Mexico, South Sudan, Myanmar and Vietnam.
Spokeswoman Tricia McLaughlin of the Department told a briefing on Wednesday: “Each of them was convicted of a horrible crime, murder, rape, rape, rape of a mentally and physically disabled victim.”
She said it was “absurd for an American judge to try to dictate the foreign policy and the national security of the US”.
Immigration and customs enforcement director Todd Lyons said: “If we don’t have a country that brings their citizens back, we have an option to find a safe third country.”
They have not specified where the migrants can eventually be bound.
Judge Murphy made a decision on 18 April that requires illegal migrants to “have a” meaningful opportunity “to challenge their removal to countries other than their home countries.
After he heard that the men were on a flight who left the country, he quickly planned a hearing on Tuesday where he said that the migrants had to stay in the custody of the government and “Human treated”. He did not order the plane to return to the US.
One of the deported men was Nyo Myint, a burger from Myanmar. According to Homeland Security, he was convicted of sexual attack and sentenced to 12 years of imprisonment. He was arrested on February 19 by immigration authorities and was held in Texas.
In August 2023, an immigration court in Omaha, Nebraska, myint issued a final order for removal, according to judicial documents submitted by groups representing several deportees.
His immigration lawyer, Jonathan Ryan, told the BBC that his client had received two conflicting deportation knowledge on 19 May.
The first, who arrived at about 10:59 local time, Myint reported that he would be sent to South Africa, but then he stated a few hours later that he would be brought to South Sudan.
Both notifications were provided in English, a language that Mr. Ryan said that his client hardly speaks. On Tuesday, Mr. Ryan said that he had been informed that Myint was being removed from the country.
“I have no idea where he is,” said Mr. Ryan. “He has disappeared due to the government of the United States.”
Mr. Ryan acknowledged his client’s criminal record, but said that he and the other deportees were still entitled to the same appropriate procedural rights as any other person.
“These people were deliberately selected by the government for this maneuver, to divert our attention from the flagrant contempt of the government for a federal judicial order,” he said.
“If we allow the government to choose and choose who deserves the right process and who has rights, we give up all rights,” he said.
As the deportations accelerates and expands, the Trump government works together with other countries to accept both their citizens who are removed from the US and citizens from other countries. In particular, it sent migrants that, according to him, originally from Venezuela was to a mega prison in El Salvador.
Rwanda confirmed that it was in such conversations with the US, while Benin, Angola, Equatorial Guinea, Eswatini and Moldova were all mentioned in media reports.
At the beginning of April, Foreign Minister Marco Rubio announced that the US took Visa who was published on all South Sudanese passport holders because the African nation refused to accept his citizens removed from the US.