We have documented the deportation of eight men by the U.S. government back to South Sudan. Protests and widespread condemnation from human rights advocates have followed this action. These extraordinary individuals are originally from Cuba, Laos, Mexico, Myanmar, South Sudan and Vietnam. Since late May, they have been confined to a converted shipping container on a U.S. military base in Djibouti.
The deportation flight, which landed at Juba airport in South Sudan on Saturday at 6 AM local time (04:00 GMT), had initially faced legal challenges. Until just recently, a court order had kept the deportations on hold, citing due process concerns. Judge Brian Murphy of Boston claimed that the decisions of the Supreme Court hampered his flexibility. This did not give him the authority to stop the deportations from continuing.
The removals have been justified by the U.S. Department of Homeland Security (DHS). Assistant Secretary Tricia McLaughlin stated that this action represents “a win for the rule of law, safety and security of the American people.” The decision has sent shockwaves through communities. This fear is compounded by the U.S. government’s travel advisories to South Sudan, which warn potential travelers of high levels of crime, conflict, and general instability.
The Center for Gender & Refugee Studies at the University of California College of the Law in San Francisco has been actively involved in advocating for the men’s rights. Our legal director Blaine Bookey stated that, I am heartsick at these deportations. She remarked, “The administration’s increased use of third country transfers flies in the face of due process rights, the United States’ international legal obligations, and basic principles of human decency.”
The deportation of the eight men has been appealed by the eight men. They claim that deployment to South Sudan would constitute a breach of U.S. constitutional protections. In it, their deportation was characterized as “impermissibly punitive”—on par with “cruel and unusual punishment.” This ongoing legal conflict brings attention to the dangerous game and moral challenges at play within immigration enforcement.
Pramila Jayapal, a member of Congress, condemned the actions of the U.S. government, stating, “These third country deportations are wrong, period. The United States should not be sending people to a literal war zone.”
In the face of all these criticisms, the deportation went ahead as originally scheduled. The time of the arrival of the military aircraft that had transported the eight-men delegation was given by an official at Juba airport. This plight raises important issues of human rights. It further pushes back on prevailing legal trends and sheds light on countries’ obligations when sending people to hazardous, volatile areas.
