A US federal judge ruled late Tuesday that US officials must retain custody and control of migrants apparently removed to South Sudan in case he orders their removals were unlawful.
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US District Judge Brian E. Murphy in Massachusetts issued the ruling after an emergency hearing, after lawyers for immigrants said the Trump administration appears to have begun deporting people from Myanmar and Vietnam to South Sudan – despite a court order restricting removals to other countries.
Murphy said the government must “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”.
While Murphy left the details to the government’s discretion, he said he expected the migrants “will be treated humanely”.
Lawyers for the migrants told the judge that immigration authorities may have sent up to a dozen people from several countries to Africa, which they argue violates a court order saying people must get a “meaningful opportunity” to argue that sending them to a country outside their homeland would threaten their safety.
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