It was one of the most dramatic turns in the bitter battle over Trump’s deportation policy: On Tuesday evening, a U.S. federal judge ordered that the United States must retain full control over deported migrants who had apparently already been flown to South Sudan – including people from Myanmar and Vietnam. And although the plane carrying them was already in the air, it has now become, at least for the time being, a prison above the clouds. No one is allowed to disembark. No one is allowed to disappear.
The courtroom battle – and Judge Murphy’s command
The ruling followed an emergency hearing before the U.S. District Court in Massachusetts. Federal Judge Brian E. Murphy, a Biden appointee, had already issued an order in April prohibiting deportations to third countries without prior hearings. But the Trump administration apparently ignored that order – and, according to attorneys from human rights organizations and investigations by journalists, began deporting migrants not only to their home countries, but deliberately to third countries such as South Sudan.
The lawsuit was spearheaded by the National Immigration Litigation Alliance, supported by civil society groups, journalists, and observers from the affected regions. As journalists, we have now established an informal monitoring network – to ensure that the people on board do not vanish into a legal no man’s land.
The ruling – no return flight, but an unmistakable signal
On Tuesday, Judge Murphy ruled that the U.S. government must “maintain custody and control of all members of the plaintiff class currently being removed to South Sudan or to any other third country.” He left it to the government’s discretion how exactly that custody should look – but the goal is clear: if the court later finds the deportations were unlawful, repatriation must remain practically feasible.
What does that mean in concrete terms? The plane is allowed to continue flying, but no one may leave the aircraft. The affected individuals must remain on board until the court issues further instructions. It is a surreal situation – a flying holding pattern, a temporary internment camp above the clouds. And the judge made it clear: if anyone attempts to circumvent this order, criminal consequences could follow, up to and including arrest – for both flight personnel and government officials.
The reality on the ground – and in the cockpit
One woman reported that her husband – a Vietnamese man – had been flown to Africa on Tuesday morning along with up to ten other people. Another man from Myanmar was informed about the destination of his journey only in English shortly before takeoff – a language he barely understands. His attorney learned of the deportation just hours before the flight.
According to court records, confirmation of his deportation came via an internal email from a Texas immigration official that was leaked to a journalist. It’s a recurring pattern – little transparency, no understandable communication, no opportunity to resist.
An unsafe destination – and a growing list of violations
South Sudan is no safe haven. The civil war between government forces and militias has already claimed more than 400,000 lives. The U.S. government itself acknowledges the danger: since 2011, some South Sudanese living in the U.S. have been granted Temporary Protected Status, shielding them from deportation. Just recently, Trump’s Secretary of Homeland Security Kristi Noem extended those protections – apparently without consequence for the deportations to that very country.
The latest U.S. State Department human rights report describes South Sudan as a country rife with systematic human rights abuses – including arbitrary executions, torture, disappearances, and sexualized violence. And yet people are being sent back into exactly that reality – without due process, without hearings, without protection.
A victory not yet won, and hope in the air
The flight was not diverted. The people were not brought back. But they were not forgotten either. That is the real message. The judiciary has sent a signal that there are red lines – and that violations will not go unanswered.
Whether and how these migrants will ever set foot on solid ground again remains unclear. But one thing is certain – the rule of law did not surrender in this moment. The battle was fierce – but the goal remains: not to make people objects of a deterrence policy, but subjects of a legal order that still matters – even in the era of Trump. And now? Coffee, and onward...
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