Judge Orders USA Officials to Maintain Custody of People It Removes to Third Countries

Federal District Court Judge Brian E. Murphy ordered USA officials to “maintain custody and control of class members currently being removed to South Sudan or to any other third country, to ensure the practical feasibility of return if the Court finds that such removals were unlawful.”

He did not specify exactly how the government must treat such people, but said he expected they “will be treated humanely.”

Reports indicate immigration officials flew up to a dozen people to a country in Africa that is not their country of origin. Lawyers for the immigrants say this violates an existing court order by Murphy which requires a “meaningful opportunity” for them to challenge being sent to a country other than their homeland on such grounds as fear for their safety.

At least one of the immigrants who appear to be on the way to South Sudan came from Myanmar, and at least one from Vietnam.

Murphy ordered the government by Wednesday to identify the people removed, tell the court when and how they were informed about their removal to a third country, what opportunity they had to file a challenge, and where they are. South Sudan says no such flight has arrived there, but it is clear that some immigrants have been sent on a deportation flight somewhere across the Atlantic.

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