U.S. Deports Migrants To South Sudan Despite Fears Of Torture And Violence

 

The Trump administration deported eight migrants from Djibouti to South Sudan on Friday, following a series of fast-moving legal battles and despite warnings from their attorneys that they face the risk of torture, imprisonment, or even death.

The deportation went ahead after a federal judge in Massachusetts denied an emergency request by the migrants' lawyers to block their removal. U.S. District Judge Brian E. Murphy wrote that a recent Supreme Court ruling allowing the deportations to proceed was “binding” and that the legal arguments before him were “substantially similar” to those already decided.

A spokesperson for the Department of Homeland Security praised the decision, stating on social media, “Law and order prevails,” and described the migrants as “barbaric criminals.” The administration had previously blamed “activist judges” for delays in carrying out the deportations.

Legal Challenges and Human Rights Concerns

The eight migrants, detained in Djibouti for weeks, include nationals from Myanmar, Sudan, Mexico, Vietnam, Laos, and Cuba. Their attorneys say the deportation amounts to “punitive banishment” and puts them at high risk of violence in a country plagued by conflict and instability.

In a separate emergency hearing earlier Friday, Judge Randolph Moss of the U.S. District Court in Washington, D.C., expressed deep concern about the government’s plan. “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. However, he ultimately referred the case to Massachusetts, limiting his ability to intervene beyond a short delay that expired at 4:30 p.m. ET.

The migrants’ attorneys filed new claims in Massachusetts shortly before that deadline, hoping to buy time for further legal relief. They argued that deporting their clients to South Sudan — despite previous incarceration for past crimes — amounted to “severe punishment” that exceeded their legal sentences and violated international human rights norms.

Unprecedented Deportation Tactics

Attorneys representing the government pushed back on the last-minute filings, accusing the migrants’ legal team of using delay tactics and “claim-splitting.” A Justice Department lawyer argued that the matter should have been handled earlier and through different legal channels.

The administration also warned that continued legal battles could damage U.S. diplomatic relations as it seeks to coordinate with other countries willing to accept deportees. In court filings, the U.S. disclosed that South Sudan had agreed to receive the migrants and would process them according to its own immigration laws. The U.S. reportedly did not request that the migrants be detained upon arrival.

Despite the legal hurdles, Judge Moss acknowledged the seriousness of the risks involved. Citing a stark State Department warning for travel to South Sudan, he noted, “It does appear placing people in South Sudan does pose significant risks to their physical safety.”

Nonetheless, Moss said courts must avoid issuing unnecessarily long stays against executive branch decisions and limited his intervention accordingly.

A Dangerous Precedent

Human rights advocates argue the deportations mark a troubling shift in U.S. immigration policy. One attorney described the administration’s approach as “unlike anything that has ever been done by the U.S. with deportations before,” pointing out the growing trend of sending individuals to unstable regions with little regard for their safety.

While the administration contends that the migrants are criminals undeserving of protection, legal experts and rights groups say that due process and international legal obligations must still apply — particularly when deportations may lead to grave human rights violations.

The outcome of this case may set a precedent for future deportations to conflict zones, raising fundamental questions about the balance between immigration enforcement and human rights protections.