‘Due process is, in some sense, a binary’: Judge schools Trump administration after it illegally ships migrants to war-torn country

A federal judge has reprimanded the Trump administration for violating court orders by attempting to deport migrants to South Sudan without proper legal procedures. The migrants are currently being held at a U.S. military base in Djibouti following their removal.

According to MSNBC, U.S. District Judge Brian Murphy criticized the administration’s actions in an opinion published Monday, stating that they had “mischaracterized” the court’s order while “manufacturing the very chaos they decry.” The judge emphasized that the administration’s rush to transport six class members to unstable South Sudan was clearly in breach of both law and court orders.

“Due process is, in some sense, a binary, one either receives what the Constitution requires, or one does not,” Murphy wrote in his ruling. He acknowledged that while the class members had criminal histories, this fact does not negate their right to due process.

Administration claims military and foreign relations powers are being constrained

The administration argued in its unsuccessful reconsideration motion that the court’s orders were placing “impermissible, burdensome constraints” on the President’s Article II powers, including military command, foreign relations management, and immigration authority execution.

This case is not isolated, as similar issues have arisen in other deportation cases. In the case of Kilmar Abrego Garcia, who was illegally removed to El Salvador in March, the government has resisted facilitating his return despite Supreme Court orders.

The situation extends to other cases, including that of a gay Guatemalan man identified as O.C.G., whom the government sent to Mexico despite his claims of being held for ransom and raped there. The government later admitted it had no witnesses to support its initial claim that O.C.G. was not afraid to go to Mexico.

Judge Murphy noted that the government’s suggestion to conduct immigration proceedings abroad has proven more challenging than anticipated. The administration has since “changed their tune” upon discovering the logistical complexities of managing such proceedings on another continent.

The Trump administration has now launched an emergency appeal to the Supreme Court, seeking to block Murphy’s injunction. The final consequences of the government’s actions and their attempts to avoid compliance with legal process remain to be determined.