The plane path for a man convicted of a serious crime was stopped on his way to a war-torn African country
Judge blocks deportation flights to Libya
The district judge said that deportation flights to Libya violated previous court orders.
A federal district judge said the Trump administration violated the court’s orders without giving them the opportunity to oppose the eight immigrants to South Sudan.
The man convicted of a serious crime was placed on a plane on May 20th to a war-torn African country in South Sudan. The plane has landed, Justice Department lawyer Elianis Perez told the court, but where would he not say it, citing security concerns.
South Sudan later agreed to send the man to his home country, according to Federal District Judge Brian Murphy.
Five are convicted murderers, while two have been convicted of sexual offences, the government said. ICE mostly gained custody of the male earlier this month.
Officials have disciplined the court for demanding that the man maintain US custody.
“Local Massachusetts judges are trying to force these unique wild monsters, a clear and current threat to the safety of American and American victims,” Tricia McLaughlin, assistant secretary for the DHS spokesperson, said during a May 21 court hearing briefing.
Has the administration violated a court order?
One of the men, Diane Peter Domach, is from South Sudan. The rest were from Cuba, Mexico, Laos, Myanmar or Vietnam.
In a ruling in late April, federal judge Brian Murphy banned the government from sending immigrants to third countries, providing clear information about where they are going and giving time to raise concerns about being sent to that country.
Government lawyers said they believe men have opportunities.
“These individuals went through the removal procedure,” Perez said. “They had the opportunity to express their fear.”
The male lawyer said that by the time he received it in emails and deleted documents for his client, the man was already heading for South Sudan.
“It was impossible for these people to have any meaningful opportunities to oppose their move to South Sudan,” Murphy said.
He said the government “unsuspectedly” violated the court’s order. He said this includes giving immigrants the opportunity to express their fear of being sent to a third country or a country that is not their home. However, Murphy declined to decide whether this was promoted to criminal filibuster.
Why were they sent from the country?
The eight men’s home countries initially did not accept them, so U.S. immigration and customs enforcement agencies had to find a “third country,” said Todd Lyons, the agency’s representative director.
Despite the title of deleted documents, emails and briefings as “a migrant flight to South Sudan,” authorities declined the man on his way to the East African country.
The White House and the Department of Homeland Security have posted names and images of several men convicted of sexual assault, attempted murder and first-degree murder.
On May 20, some of the men on the flight said they were informed at the last minute that they would be sent to the East African country. The lawyers alleged that the court requested an emergency hearing to intervene in the removal to South Sudan, and that the flight violated Murphy’s previous order. Previously, the administration tried to take several men away to Libya.
At a May 21 hearing, Justice Department Perez said the government is complying with a court order that the government will keep them in ice custody.
(This is a developing story and will be updated. )
