Judge Brian Murphy, presiding in Boston, expressed concern that a recent deportation flight carrying at least a dozen individuals — including a Burmese national — may have breached an April 18 injunction that prohibits the removal of migrants to third countries without due legal process.
According to court filings by the National Immigration Litigation Alliance, at least one deported individual had limited English proficiency and had not consented to removal. Immigration lawyers claim a Burmese detainee was mistakenly sent to South Sudan, while another Vietnamese man’s deportation destination was kept classified due to a prior criminal conviction.
“This seems like it may be contempt,” Judge Murphy stated during a hearing, warning the Department of Justice that deportations carried out without a “meaningful opportunity” to challenge the decision could warrant legal repercussions.
The judge stopped short of ordering the return of the deportees but emphasized they must remain in humane custody, possibly even detained aboard the aircraft if required, pending further court proceedings.
This case has reignited concerns over the Trump administration’s controversial deportation policy and its attempts to relocate migrants to unstable third-party nations. South Sudan, where the recent deportation reportedly occurred, remains under a U.S. State Department travel warning due to conflict and insecurity.
Human rights advocates have denounced the move as reckless. “Sending vulnerable individuals to conflict zones like South Sudan endangers lives and violates both U.S. and international law,” said one legal representative involved in the case.
As the Biden-appointed judge prepares for a formal hearing, this latest legal clash underscores the broader constitutional tensions surrounding U.S. immigration policy and judicial oversight.