A federal judge in Massachusetts is denouncing the Department of Homeland Security’s decision to deport immigrant criminals and murderers to the African nation of South Sudan.
“The department’s actions … are unquestionably violative of this court’s order” to let migrants have more say over where they are deported to, District Court Judge Brian Murphy declared Wednesday.
The government must “maintain custody and control of class members currently being removed to South Sudan or any other third country, to ensure the practical feasibility of return if the Court finds that such removals were unlawful,” he added, according to media reports.
It is a problem “when we stop doing due process for unpopular people,” the judge said.
The deportation of eight criminal migrants to South Sudan prompted anger from pro-migration groups — and gives the White House an easy opportunity to slam the anti-deportation groups.
“It’s another attempt by a far-left activist judge to dictate the foreign policy of the United States — and protect the violent criminal illegal immigrants President Donald J. Trump and his administration have removed from our streets,” the White House responded.
The foreign murderers that Murphy is protecting include Tuan Thanh Phan, a citizen of Vietnam, whose government does not want to accept him back into his home country He was “convicted of first-degree murder and second-degree assault; sentenced to 22 years confinement,” the department announced on Wednesday.
President Donald Trump and his deputies say they provide migrants with legally required access to judges and lawyers — or “due process” — but also argue that the judges are inventing new rights for migrants.
“A small but substantial number of courts are making it very, very hard for us to deport illegal aliens,” Vice President JD Vance told the New York Times. He added:
We have an obligation to treat people humanely, but I do think that a lot of these illegal immigrants have to go back to where they came from … the amount of [legal] process that is due, how you enforce those legislative standards and how you actually bring them to bear, is, I think, very much an open question.
I remember when I was in law school, there were all of these people who were wanting to become immigration lawyers … There was this idea that you could use the asylum claim process, you could use the refugee process, you could use all of these other tools of the immigration enforcement regime to actually make it harder to deport illegal aliens.
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We think the president has extraordinary plenary power. You need some process to confirm that these illegal aliens are, in fact, illegal aliens and not American citizens … We’re trying to comply with it as much as possible and actually do the job that we were left [by the Biden administration].
For months, Trump’s deputies have been trying to overcome legal obstacles placed by elite and business groups that supported Biden’s pro-migration policies.
His deputies have won some cases, but have lost courtroom fights in many additional cases, as the administration and the Supreme Court spar over the competing rights of voters to secure borders and of migrants to courtroom appeals.
This fight over the Sudan deportations is a partial win for Trump’s team because it forces the judges and the pro-migration groups to stand as protectors of murderous illegal migrants.
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