Judge may order return of deported migrants accused of serious crimes

A federal judge is considering whether a deportation flight carrying eight immigrants convicted of violent felonies should be ordered back to the United States after potential legal missteps.

According to Fox News, U.S. District Judge Brian Murphy has ruled that these removals may have violated prior court orders, raising questions over whether the deportees were denied required legal interviews before being sent to South Sudan.

The eight individuals aboard the deportation flight were all convicted of severe crimes, including murder and sexual assault. The flight's departure came under scrutiny due to claims that proper legal evaluations, known as credible fear interviews, were not conducted before their removal.

Convictions Include Murder And Sexual Assault

The Department of Homeland Security released details on the identities and criminal histories of those aboard the plane. Among the deportees is Thongxay Nilakout, a citizen of Laos who was convicted of first-degree murder and robbery and is serving a life sentence.

Jesus Munoz-Gutierrez, a Mexican national, was also on the flight after being convicted of second-degree murder. Another deportee, South Sudan citizen Dian Peter Domach, was convicted of crimes including driving under the influence, robbery, possessing burglar tools and firearms, and received a 9.5-year sentence.

Two Burmese citizens, Kyaw Mya and Nyo Myint, were also among the group. Mya was convicted of committing a sexual act with a child under 12 years old and served four years of a 10-year sentence. Myint was convicted of first-degree sexual assault against an individual unable to resist, alongside an aggravated assault conviction.

Home Nations Refused Return Of Citizens

Also included was Tuan Thanh Phan from Vietnam, convicted of first-degree murder and second-degree assault. According to DHS, every one of the individuals' countries of origin declined to accept them back following their conviction and incarceration in the United States.

Tricia McLaughlin, the DHS Assistant Secretary for Public Affairs, described the crimes committed by the migrants as exceptionally violent. “No country on earth wanted to accept [the migrants] because their crimes are so uniquely monstrous and barbaric,” she said.

McLaughlin also stated, “These heinous individuals have terrorized American streets for too long,” defending the department's deportation actions despite legal controversy.

Judge Raises Legal Procedure Concerns

On Tuesday night, Judge Murphy ruled that custody of the individuals must be maintained until it is legally clear whether they could be removed. He emphasized concerns that the required interviews assessing danger or persecution upon removal had not been completed.

Lawyers representing the migrants argue that sending them to a third country, like South Sudan, without determining whether it is safe or lawful breaches their rights under existing court orders. One key issue is whether credible fear interviews can legally be conducted outside U.S. soil.

Judge Murphy was previously responsible for barring certain deportations to unstable third-party nations, including Libya, without giving prior notice. His latest consideration is whether returning the individuals to the U.S. is necessary for those interviews.

DHS Pushback On Judicial Oversight

The Department of Homeland Security has pushed back strongly against judicial intervention. “While we are fully compliant with the law and court orders, it is absurd for a district judge to try to dictate the foreign policy and national security of the United States of America,” said McLaughlin.

Despite the flight to South Sudan, DHS clarified that the migrants remain under their custody. It is unclear whether the individuals ever disembarked, or if the plane was stopped due to the judge's ruling or other factors related to custody status.

Judge Murphy has not yet ruled on next steps, though he is weighing whether the interviews required under U.S. asylum and immigration law must occur within the country or can be fulfilled abroad. A final decision could result in the plane and its passengers returning to U.S. jurisdiction.