Eight men in US detention have lost a last-ditch attempt to avoid deportation to South Sudan, a country facing ongoing criticism for human rights abuses. Judge Brian Murphy of Boston denied the appeal, which argued that repeated efforts under President Donald Trump to deport the men to South Sudan were “impermissibly punitive” and violated the US Constitution’s ban on “cruel and unusual punishment”.
The men, immigrants from countries including Cuba, Laos, Mexico, Myanmar, and Vietnam, have been held at a US military base in Djibouti since late May, when an earlier deportation flight to South Sudan was halted by the courts. The US Supreme Court has twice ruled that the Trump administration could deport the men to countries outside of their homelands.
The US Department of State advises American citizens to avoid South Sudan due to an ongoing armed conflict and has accused the country of “extrajudicial killings, forced disappearances, torture and cases of cruel, inhuman and degrading treatment or punishment”. Despite these warnings, the Trump administration has pushed for rapid removals as part of its campaign of mass deportation.
Judge Randolph Moss, who initially handled the case, expressed sympathy for the deportees’ request, saying it was “almost self-evident” that the US government cannot send people to circumstances where their physical well-being is at risk. However, he ultimately transferred the case back to Murphy, who had previously ruled in favor of the deportees but was overruled by the Supreme Court.
The Trump administration argued that the deportation’s continued delay would strain relations with third countries willing to accept deportees. Lawyers for the administration described the men as “barbaric, violent criminal illegal aliens” who had been found guilty of crimes, including first-degree murder, robbery, and sexual assault.
“These sickos will be in South Sudan by Independence Day,” Homeland Security spokesperson Tricia McLaughlin said in a news release. The case highlights the complexities and challenges of US immigration policy, particularly under the Trump administration’s hardline stance on deportation.