Judge Says Third-Country Removals to South Sudan Unquestionably Violated Court Order

Federal District Court Judge Brian Murphy said federal officers unquestionably violated his court order by putting six men on a removal flight to South Sudan without meaningful due process.

He went so far as to say this may have been criminal contempt. His order last month bars the government from removing immigrants to “third countries” instead of to their original countries without giving them meaningful due process, including an opportunity to challenge deportation due to fear for their safety in the third country.

On the deportation flight at issue, immigration officials put six men who were being detained in Texas. The men got only 12 hours notice, outside of business hours, that they were being sent to South Sudan and had no opportunity to contact their lawyers.

Murphy specified that for the planeload on its way to South Sudan, the Department of Homeland Security must conduct a “reasonably fear” interview with each of deportees. Such an interview determines whether a deportee has reason to believe they will be subject to torture or death at the destination country. Murphy did not require DHS to bring the planeload back to the USA for this, but must maintain custody of the deportees. If they express fear that is deemed credible, DHS must pursue reopening of their cases in immigration court, which probably will require returning them to the USA.

Murphy expanded the order he issued last month barring deportations to third-party countries. After DHS treated 12 hours notice outside business hours without access to counsel as “meaningful” due process, he specified that the government must provide immigrants targeted for removal to a third country with at least 10 days to raise a fear-based challenge.

This is about more than compliance with USA law. The international Convention Against Torture protects immigrants against deportation to countries where they are likely to face torture.

The deportation flight still has not arrived in South Sudan, which is one of the most dangerous countries in the world. The flight is widely believed to be at Djibouti. South Sudan’s Major General James Monday Enoka told the Associated Press that the flight of immigrants had not arrived in the country. He said if it did, the men aboard would be investigated, and if they are not from South Sudan they will  “re-deported to their correct country.”

Current State Department travel advice for USA citizens about South Sudan begins with:

Do not travel to South Sudan due to crime, kidnapping, and armed conflict.

Country Summary: Due to the risks in the country, on March 08, 2025, the Department of State ordered the departure of non-emergency U.S. government employees from South Sudan.

Armed conflict is ongoing and includes fighting between various political and ethnic groups. Weapons are readily available to the population. In addition, cattle raids occur throughout the country and often lead to violence.

Violent crime, such as carjackings, shootings, ambushes, assaults, robberies, and kidnappings are common throughout South Sudan, including Juba. Foreign nationals have been the victims of rape, sexual assault, armed robberies, and other violent crimes.

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