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Judge Slams Trump Administration Over Due Process Violations in South Sudan Deportations

The court demands hearings to evaluate migrants’ fear of persecution after they were given less than 24 hours’ notice.

Deputy director of U.S. Immigration and Customs Enforcement Madison Sheahan, flanked by Acting director of U.S. Immigration and Customs Enforcement (ICE) Todd Lyons, speaks during a news conference at ICE Headquarters, in Washington, Wednesday, May 21, 2025. (AP Photo/Jose Luis Magana)
This aerial photo shows Djibouti, East Africa, in December 2024.
President Donald Trump speaks during the 157th National Memorial Day Observance at Arlington National Cemetery, Monday, May 26, 2025, in Arlington, Va.
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Overview

  • U.S. District Judge Brian E. Murphy issued a 17-page preliminary injunction on May 27, finding the administration deprived eight migrants of due process by deporting them to South Sudan without proper notice and rejecting Trump lawyers’ bid to overturn the order.
  • All eight men, held in Djibouti and each with prior violent convictions, were given under 24 hours—some under 16—to contest their removal before being flown to a country the State Department flags as high risk.
  • Murphy ordered Immigration and Customs Enforcement to conduct “reasonable fear” interviews in a language the migrants understand or return them to the U.S. to provide at least 15 days’ notice and a fair chance to raise persecution or torture claims.
  • The administration has pursued removal agreements with Costa Rica, Guatemala and other nations and has more recently tried to deport migrants to conflict zones including South Sudan and Libya under the rarely used Alien Enemies Act.
  • Department of Homeland Security officials defended the flights by citing criminal records, while President Trump denounced the judiciary on Truth Social, declaring judges “out of control” and deepening executive–judicial tensions.