A recent wave of deportations has sent approximately a dozen migrants back to South Sudan, a country grappling with severe political violence and humanitarian crises. According to reports, the Trump administration started these deportations even though there are still legal battles taking place over the removals. Lawyers representing the detainees have expressed concerns over the safety and legality of sending individuals to a nation that has suffered from instability since its independence in 2011.
South Sudan, located in East Africa, has been engulfed by multiple civil wars. The most recent conflict erupted from 2013 to 2020. According to the Council on Foreign Relations, South Sudan is home to one of the worst humanitarian catastrophes on the planet. Civilian deaths, abductions, and mass displacements have continued into 2024.
On May 7, a detention officer sent the following email to attorney Jacqueline Brown. He disclosed that one person had already been deported to South Sudan, despite receiving a prior removal order stating he was being sent to South Africa. In reaction to this move, attorneys filed an emergency motion to temporarily enjoin additional removals to South Sudan. They contend that this new process violates a Massachusetts judge’s April injunction. That order mandates that migrants are provided with basic due process before they are forcibly removed.
A hearing on Common Cause’s emergency motion to address the irregularity has been set for May 21 at 11 a.m. Federal district judge Brian Murphy of the Writ of Habeas Corpus series underlined the necessity of keeping physical control over those you are administratively eliminating. He stated, “to ensure the practical feasibility of return if the Court finds that such removals were unlawful.”
Besides the 47 deported to South Sudan, a multitude of other migrants were scheduled for deportation. This cohort featured people from Laos, Thailand, Pakistan, Korea and Mexico. Legal advocates are raising the alarm about the dangers awaiting people being returned to South Sudan. They stress that the situation in South Sudan might be just as bad or worse than it is in Libya.
On May 7, the Department of Homeland Security (DHS) attempted to deport yet another person to Libya. Fortunately, a judge stepped in and stopped the flight because of the legal hurdle. This indicates a developing pattern of judicial intervention with respect to deportation practices in the face of an unprecedented safety for migrants.
As new legal battles continue, the future of these individuals is still an open question. Advocates are still working hard to protect migrants at risk of removal to countries immersed in conflict and humanitarian crises.
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