A federal judge on Wednesday said that the Trump administration had “unquestionably” violated his order by deporting several migrants to South Sudan — a country from which none of the migrants are from — without due process or a reasonable opportunity to raise concerns of their fear of the war-torn nation, an action he said could amount to criminal contempt of court.
U.S. District Judge Brian E. Murphy upbraided attorneys from the Justice Department, accusing them of ignoring the “long history” of legal precedent surrounding due process rights as well as recent orders from the U.S. Supreme Court when they sent seven men to South Sudan with less than 24 hours notice.
Murphy last month issued a preliminary injunction barring the government from deporting migrants to third countries without giving them a “reasonable opportunity” to raise concerns about that country and the possible violence they could face.
Murphy scheduled a hearing after an emergency motion filed by attorneys for the plaintiffs informed the court that at least two of their clients had been notified on Monday evening that they were being removed to South Sudan and were transported out of ICE facilities at around 9:30 a.m. Tuesday morning.
“The department’s actions in this case are unquestionably violative of this court’s order,” Murphy said at Wednesday’s hearing. “It is plain to me that an ‘opportunity to be heard’ of only several hours that were not during business hours, where you couldn’t raise consult with your attorney or your family is insufficient. It was impossible for these people to have a meaningful opportunity to object to their removal to South Sudan.”
Murphy emphasized that even the Supreme Court justices recently confirmed that 24 hours of notice is “plainly insufficient” for the purpose of due process, stating, “I don’t see how anybody could think these people had a reasonable chance to object.”
