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Migrants deported from US to South Sudan held in Djibouti

Following US District Judge Brian Murphy's ruling, President Donald Trump took to his Truth Social platform to decry the order
Following US District Judge Brian Murphy's ruling, President Donald Trump took to his Truth Social platform to decry the order

A group of migrants deported from the United States towards conflict-torn South Sudan will be held for now in Djibouti after a court ruling, the Trump administration said.

The US government claims it expelled the eight migrants from a range of nations due to their past convictions for violent crimes.

The migrants left the United States on a flight on Tuesday bound for South Sudan instead of their nations of origin, after the US failed to obtain approval from their respective governments to take them back.

They are currently detained by the Department of Homeland Security in Djibouti, where there is a major US military base.

US District Judge Brian Murphy in Boston ruled on Wednesday evening that the Trump administration had violated one of his previous orders, calling the timeframe given for the migrants to contest their expulsions to South Sudan "plainly insufficient".

South Sudan, an impoverished nation which has long grappled with insecurity and political instability, has an advisory against travel from the US State Department.

In his ruling, Judge Murphy said that migrants had to receive greater notice and at least ten days to appeal the decision, as required by the United Nations Convention Against Torture.

He also ruled that six of the migrants were entitled to invoke, with the aid of a lawyer, their "fear" of torture or ill-treatment in the third country.

Additionally, if the Department of Homeland Security deemed the fear unfounded, it still needed to grant at least 15 days to appeal the expulsion procedure.

Mr Trump took to his Truth Social platform to complain about Judge Murphy's order, saying he "has ordered that EIGHT of the most violent criminals on Earth curtail their journey to South Sudan, and instead remain in Djibouti."

"He would not allow these monsters to proceed to their final destination," he continued, claiming that the courts are "absolutely out of control".

While the government said those scheduled for expulsion had ample warning, lawyers for two of the deportees said in court filings that their clients only learned the night before or on Tuesday, when the flight left.

A spokesperson for the Department of Homeland Security said that South Sudan was not the "final destination" for the migrants.

Meanwhile, the Government has said it is working to establish the exact chain of events in relation to the flight carrying the deportees from the US, which is understood to have stopped in Shannon Airport this week.

The New York Times reported that the flight landed in Shannon for around two hours, before continuing its journey to Djibouti.

In a statement last night, the Department of Foreign Affairs said that under Article 5 of the Convention on International Civil Aviation, which both Ireland and the US are party to, air operators have the right to operate "non-scheduled overflights and stops for non-traffic purposes (e.g., refuelling) in the territory of the other contracting parties.

"This provision is provided for in Irish law in Article 3 of the Air Services Authorisation Order 1993."

The Executive Director of the National Immigration Litigation Alliance in Massachusetts said that she only learnt the migrants had left the US when she saw reports that their plane had stopped in Shannon Airport.

Speaking on RTÉ's Morning Ireland, Trina Realmuto said that she did not know whether it was common for planes to refuel at Shannon Airport.

"I'm unaware of what Ireland knew about this plane and who was on this plane," she said.

She added that she was hopeful that the migrants will be returned to the US.