In a groundbreaking moment for U.S. immigration policy, U.S. authorities have postponed the deportation of eight detainees in federal custody. They will be returned to South Sudan. The Trump administration has gone to war on rapid removals. Undocumented migration as an invasion. They are trying to frame undocumented migration as an “invasion” and a national security crisis as part of their widespread campaign of mass deportation. Migrants from Cuba, Laos, Mexico, Myanmar, Sudan and Vietnam each perpetrated crimes of the highest order. These are serious offenses like first-degree murder, robbery, sexual assault.
The U.S. Department of Homeland Security (DHS) has further dubbed these folks as “barbaric, violent criminal illegal aliens.” The department argues that continued delays in their deportation could jeopardize relations with countries that are willing to accept migrants from the U.S.
As of today, a last-ditch appeal was filed only a few moments after the Supreme Court made their decision public. The appeal claimed that former President Donald Trump’s attempts to deport the men back to South Sudan were illegal. It said that such actions were “impermissibly punitive.” Judge Brian Murphy of Boston rejected this eleventh-hour party trick, upholding the administration’s hold-the-line strategy.
Judge Murphy had already granted an injunction to halt the city’s removal of these migrants. At the same time, he expressed first-day support for their request. His decision today is yet another example of the escalation of hostilities between the judiciary and executive branches over the enforcement of immigration law.
The eight men who now await their orders at a military base in Djibouti. They are living in limbo, awaiting the court’s decision on their impending deportation. The U.S. Department of State currently issues a travel warning urging Americans not to travel to South Sudan at all. Amidst continued armed conflict throughout the region, there are alarming threats to the safety and wellbeing of returnee migrants.
“It seems to me almost self-evident that the United States government cannot take human beings and send them to circumstances in which their physical wellbeing is at risk simply either to punish them or send a signal to others.” – Judge Randolph Moss
While this story continues to unfold, one theme is constant. The Trump administration is doubling down on its hardline immigration enforcement agenda. The DHS spokesperson claimed, “These sickos will be in South Sudan by Independence Day,” indicating a firm commitment to proceed with the deportations despite legal challenges.
The prospect of deporting these people deepens the debate on whether or not national security should be prioritized over human rights. Critics worry that returning them to such a country, one currently at war, would violate international standards. These moral norms safeguard the vulnerable who risk persecution and the dangers of forcibly returning home.
