US District Judge Brian Murphy, a Biden appointee on Monday denied a Trump DOJ motion for reconsideration related to the criminal aliens deported to South Sudan.
The Boston-based judge blamed the Trump Administration for the chaos he caused with his court order grounding the plane.
2/ gave serious consideration of govt due process analysis: govt provided full due process already to find aliens removable. At that point, providing same as newly arrived aliens makes sense.
— Margot Cleveland (@ProfMJCleveland) May 27, 2025
Last Wednesday US District Judge Brian Murphy said the Trump Administration violated his court order to provide the aliens with “meaningful” due process since they were being sent to “third-party” countries.
Some of the aliens are from Laos, Vietnam, and Cuba, so sending them to South Sudan puts them in danger, attorneys argued.
Judge Murphy said the US must maintain custody of the dangerous aliens during the process.
“During that 15-day period, the individual must remain within the custody or control of DHS, and must be afforded access to counsel that is commensurate with the access they would be afforded if they were seeking to move to reopen from within the United States’ borders,” the judge wrote.
Judge Murphy also ordered the US government to provide interpreters and counsel to the aliens during the interview.
“Each of the six individuals must be given a reasonable fear interview in private, with the opportunity for the individual to have counsel of their choosing present during the interview, either in-person or remotely, at the individual’s choosing. Each individual must be afforded access to counsel that is commensurate with the access that they would have received had these procedures occurred within the United States prior to their deportation, including remote access where in-person access would otherwise be available. Each individual must also be afforded the name and telephone number of class counsel, as well as access to a phone, interpreter, and technology for the confidential transfer of documents that is commensurate with the access they would receive were they in DHS custody within United States borders,” the judge wrote in his 2-page order last week.
President Trump fumed and said because of the judge’s order, 8 of the most violent criminals on earth are currently being held in Djibouti, a tiny country on the Horn of Africa next to Ethiopia.
The US government doesn’t even have a detention facility in Djibouti.
The judge’s order is putting ICE agents in danger.
“A local judge in Boston ordered the flight grounded and has now trapped ICE officers in Djibouti with these savage monsters! Having to guard and protect them 24-7 in a location with no appropriate facilities! No detention space! No detention beds! Nothing! Putting their lives on the line! They have to watch them 24-7. There aren’t enough resources to ensure the safety of these ICE officers! Is this judge mad? Is this judge a lunatic? What kind of country are we living in where we are even having this kind of conversation!?” Stephen Miller said during an appearance on Newsmax this weekend.
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