Trump Administration “undoubtedly” injured the court description with a possible deportation flight to South Sudan, judge rules

Cnn
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The Trump administration “undoubtedly” violated a court order when she tried to transfer prisoners to the south-sudan torn by the war without denying the opportunity to contest a place where they could possibly be exposed to torture, said a federal judge on Wednesday.

Eight detained different nationalities were made on a flight early Tuesday, said judge Brian Murphy from the District of Massachusetts in a court hearing. Lawyers who represented the prisoners said she was intended for the South Sudan.

“It was impossible for these people to have a sensible opportunity to put on their transfer to the South Sudan,” said Murphy, citing the cut -off timeline and the fact that much that happened after business hours when the prisoners could not achieve any lawyers or their families.

The “measures of the department in this case undoubtedly violate the order of this court,” said Murphy.

The 17-hour window that the prisoners had before they were put on Tuesday was “clear” and “undeniably” inadequate, the judge added.

Homeland protection officers have not shared the whereabouts of the flight since its start. During the hearing, an official from the immigration and customs authority informed the judge that the prisoners were currently “on a plane”.

Later on Wednesday, Murphy said in a two -sided order that administrative officers have to give migrants a “reasonable fear conversation” on the plane, the first step to increase a fear -based claim against the deportation of a other place than their home country. This interview could also be managed in the United States if the officials decided to drop the migrants.

Regardless of the location of the interview, the officials have to “draw attention to the migrant” no less than 72 hours about the planned time “of their interview. Migrants who have no “reasonable fear” then have 15 days to try to reopen their immigration cases so that they can question their implementation in a third country, said the judge in his command.

“During this period of 15 days, the person must remain in the care or control of DHS and give access to a lawyer that corresponds to the access to which they would be granted if they were trying to reopen the borders of the United States,” wrote Murphy.

DHS officers did not confirm the goal of the flight during a press conference on Wednesday. However, the immigration and customs authority has published a live stream of the press conference online and described it: “DHS press conference via migrant flight to South Sudan.”

Murphy said during the hearing on Wednesday that he could consider taking administrative officers for violating his previous arrangement. The judge also checks whether administrative officers have incorrectly presented facts in court, in the event of at least one of the migrants, a potentially very serious accusation.

At its press conference, the DHS distributed a list of eight people with a criminal register who were on the flight, including migrants from Cuba, Laos and Mexico. The list also contained two men from Vietnam and one from Myanmar, who are part of the legal dispute.

The officials added that the prisoners were still in the care of the US government in accordance with the judge's earlier arrangement. “For security reasons and surgical security, we cannot tell you what the final goal for these people will be,” said DHS spokesman Tricia McLaughlin. “A local judge in Massachusetts tries to force the United States to bring them back uniquely barbaric monsters,” she said.

Murphy previously announced the Trump administration that they were sent by the prisoners to countries that were not their own when they were appropriately known and the opportunity to contest their distance.

However, Murphy has not stated how the Department of Homeland Security should give prisoners a meaningful way to be deported because he did not want to insert me into the daily operating processes of the department, “he said on Wednesday.

The administration claimed that they had submitted a proper procedure to the prisoners and the court should stay out of their aggressive immigration efforts.

“We believe that the individuals had a chance,” said a lawyer of the Ministry of Justice at the hearing on Wednesday.

“You couldn't have called your lawyers if you wanted,” replied Murphy.

This story has been updated with additional details.