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Judge says DHS "unquestionably" violated order with attempted South Sudan deportations
Judge says DHS "unquestionably" violated order with attempted South Sudan deportations

CBS News

time22-05-2025

  • Politics
  • CBS News

Judge says DHS "unquestionably" violated order with attempted South Sudan deportations

The Trump administration on Wednesday said it placed eight migrant detainees with serious criminal records on a deportation flight that lawyers alleged was destined for the violence-plagued African country of South Sudan, in its latest attempt to deport migrants to countries that are not their own. The administration has not publicly disclosed the whereabouts of the flight, which a federal judge on Wednesday said "unquestionably" violated a court ruling blocking deportations to third countries without allowing detainees to contest their removal. Top Department of Homeland Security officials said the eight men were in the U.S. illegally and hailed from Cuba, Laos, Mexico, Myanmar, South Sudan and Vietnam. The department shared case information indicating all the would-be deportees had criminal convictions, including for homicide, attempted murder, sexual assault, lascivious acts with a child and robbery. In a statement Wednesday evening, DHS released the names of the eight men. They were identified as Dian Peter Domach of South Sudan, Enrique Arias-Hierro of Cuba, Jose Manuel Rodriguez-Quinones of Cuba, Thongxay Nilakout of Laos, Jesus Munoz-Gutierrez of Mexico, Kyaw Mya of Myanmar, Nyo Myint of Myanmar and Tuan Thanh Phan of Vietnam. On Tuesday, immigration lawyers told the federal district court in Massachusetts that at least two men from Myanmar and Vietnam were likely being deported to South Sudan, saying the reported deportation flight would violate an order by federal judge Brian Murphy that blocked deportations to third countries unless detainees were provided certain due process rights. During a briefing in Washington on Wednesday to discuss a migrant flight to South Sudan, top DHS officials confirmed a deportation flight had left Texas on Tuesday, saying the eight detainees from Cuba, Laos, Mexico, Myanmar, South Sudan and Vietnam were being transported as part of "a diplomatic and military security operation." The officials, however, declined to confirm the final destination of the flight or any formal arrangement with South Sudan's government, citing operational and safety concerns. The officials also said they could not disclose the exact whereabouts of the detainees. Following an emergency motion by the lawyers who alerted him of the potential deportation flight to South Sudan, Murphy, the federal judge in Massachusetts, ordered the Trump administration late Tuesday to retain "custody and control" of the would-be deportees. In a written order Wednesday, the judge also ordered the government to give six deportees "reasonable fear" interviews, which usually assess whether a migrant is legally entitled to stay in the U.S. because of a risk of persecution or torture. If they express a fear that falls short of that standard, they must get at least 15 days to "reopen immigration proceedings to challenge the potential third-party removal," the judge said. The Trump administration was also ordered to provide status reports every seven days, and to maintain custody over the deportees. On Wednesday, top DHS spokeswoman Tricia McLaughlin said the eight men who had been placed on the deportation flight that departed Texas remained in U.S. custody. McLaughlin also sharply criticized Murphy's ruling. "It is absolutely absurd for a district judge to try and dictate the foreign policy and national security of the United States of America," McLaughlin said, accusing Murphy of "trying to force" officials to bring back dangerous individuals to the U.S. During a hearing Wednesday, a Justice Department lawyer told Murphy the flight in question had landed somewhere and also confirmed the men remained in U.S. custody but said the current location of the flight could only be discussed in private, out of earshot of the press. The Justice Department said the situation was dangerous for the Immigration and Customs Enforcement employees on the flight because of the severity of the detainees' criminal records. After a private conversation with both parties, Murphy said that the government's attempted deportations "are unquestionably violative of this court's order." He noted that the detainees were put on the deportation flight less than 24 hours after being told they would be deported to South Sudan. "I don't see how anybody could say that these individuals had a meaningful opportunity to object" to their removal, Murphy said. "They did not offer any opportunity to object." Murphy noted the detainees were put on a deportation flight less than a day after being told they would be deported to South Sudan. The Justice Department attorneys arguing the case said Murphy's orders in the case were "not specific enough," which gave rise to "misunderstanding." Murphy did not rule out holding the Trump administration in contempt of court for violating his order, but said that issue would be "left for another day." As part of its immigration crackdown, President Trump's administration has staged an intense diplomatic effort to convince nations around the world to accept migrants who are not their own citizens, approaching nations like Libya and Rwanda to take in third-country deportees. Early on in Mr. Trump's second term, U.S. officials deported African and Asian migrants to Costa Rica and Panama, and Venezuelan deportees accused of being gang members to El Salvador, where they remain detained at a notorious mega prison. CBS News and other outlets reported earlier this month that the Trump administration was preparing to send migrants to Libya, but that flight never materialized once those reports surfaced. Camilo Montoya-Galvez Camilo Montoya-Galvez is the immigration reporter at CBS News. Based in Washington, he covers immigration policy and politics. contributed to this report.

Trump administration deports two Cuban immigrants with criminal records to Africa
Trump administration deports two Cuban immigrants with criminal records to Africa

Yahoo

time22-05-2025

  • Politics
  • Yahoo

Trump administration deports two Cuban immigrants with criminal records to Africa

The Trump administration has deported two Cubans convicted of serious crimes to an African nation, after Cuba refused to take them back. The Department of Homeland Security said Enrique Arias-Hierro and Jose Manuel Rodriguez-Quiñones were on a deportation flight from Texas that was carrying 'some of the most barbaric, violent individuals illegally in the United States,' said Tricia McLaughlin, assistant secretary of DHS. 'No country on earth wanted to accept them because their crimes are so uniquely monstrous and barbaric,' she added. Statements by DHS and the White House do not say where the migrants were sent nor when they were deported, but lawyers for the eight men on the flight believed their plane was headed to South Sudan on Tuesday. The New York Times reported the plane was in Djibout in eastern Africa. On Tuesday, a federal judge in Boston ordered the administration to maintain custody of those migrants sent to Africa because he was considering whether the Tuesday flight violated his earlier order barring deportations of migrants to third countries without giving them a chance to challenge their removal. On Wednesday, U.S. District Judge Brian E. Murphy found the flight had violated his orders. It is unclear if the men will be given an opportunity to contest their removal to a third country. According to DHS, Arias-Hierro had been convicted of homicide, armed robbery, false impersonation of an official, kidnapping and robbery. He was arrested on May 2 by Immigration and Customs Enforcement. Rodriguez-Quiñones, who was arrested on April 30, had been convicted of attempted first degree murder, battery, larceny and drug trafficking, among other crimes. Both men were about to be released after serving long sentences when ICE detained them, a Trump administration official who was not authorized to discuss the matter publicly told the Miami Herald. The source said administration officials asked the Cuban government to take them back but Cuba refused, arguing the men had left the island 'too young and they didn't know what to do with them.' Cuban officials were notified that the migrants would be sent to Africa, the source said. Under a still standing migration deal struck with the Obama administration, the Cuban government agreed to take deported Cubans who had arrived at the United States after January 2017, though it has regularly refused accepting those who had committed crimes in the United States. But the Cuban government only agreed to take migrants who have entered the United States earlier than that date on a 'case by case basis.' The Florida Department of Corrections did not immediately respond Wednesday to questions from the Herald about its communications with ICE in regards to the two men. Arias-Hierro, 46, has previous addresses in Miami and Homestead, and all of his Florida criminal charges have been in Miami-Dade County, according to Florida Department of Law Enforcement records. Records provided by the Miami-Dade State Attorney's office show that Arias-Hierro had been arrested in three different robberies in 1997, including one where the victim was pistol whipped after the gun misfired twice. He was convicted in 1999 on multiple charges, including armed robbery and attempted murder. Arias-Hierro has spent three stints in state prison dating back to 1999, most recently serving a sentence from February 2024 until earlier this month, when he was arrested by ICE. Rodriguez-Quiñones has lived in DeLand and Orange City in Central Florida but has been arrested twice in Miami-Dade. He has served three prison sentences in Florida, according to state records. According to the FDLE, he has used different identities and has two different birth dates listed in state records, one suggesting he is 53 and the other suggesting he is 58. He had also been serving a Florida prison sentence when he was arrested by ICE on April 30. Court records show he was convicted of attempted first-degree murder with a weapon for slashing the face, neck and head of a man after a night of drinking in Orlando in 2019. The victim's injuries were severe enough that had it not been for a deputy's quick action, he would not have survived, according to a report from an Orange County detective. While detectives were still investigating that case, Rodriguez-Quinones was arrested two weeks later in Volusia County after detectives executed a search warrant related to drugs at his home in Orange City. Deputies found a rifle, ammunition, marijuana and cannabis oil, cash and miscellaneous drug paraphernalia. They also seized 26 roosters belonging to Rodriguez-Quinones, who said he sold them for $200 to $400 each for use in cockfighting and relied on them as his main source of income. He was subsequently charged with six felonies and two misdemeanors. His total bond was $76,000, according to a previous Volusia County Sheriff press release. He was arrested on the attempted murder charge from Orange County while he was out on bond in the Volusia County case.

DHS exposes crimes by migrants deported to South Sudan as judge threatens to order their return
DHS exposes crimes by migrants deported to South Sudan as judge threatens to order their return

Fox News

time21-05-2025

  • Politics
  • Fox News

DHS exposes crimes by migrants deported to South Sudan as judge threatens to order their return

EXCLUSIVE: A Biden-appointed federal judge could decide Wednesday morning that a plane carrying illegal immigrants convicted of serious crimes to South Sudan has to return. The plane is carrying eight men – all of whom are convicted of crimes ranging from homicide to robbery, according to details exclusively provided by the Department of Homeland Security. The DHS says they have been compliant with all court orders to date. "No country on earth wanted to accept [the migrants] because their crimes are so uniquely monstrous and barbaric," Assistant Secretary for Public Affairs Tricia McLaughlin said at a press conference Wednesday. "These heinous individuals have terrorized American streets for too long." Cuban citizen Enrique Arias-Hierro is convicted of homicide, armed robbery, false impersonation of an official, kidnapping, and robbery strong arm. He was arrested on May 2 by ICE. Another Cuban citizen, Jose Manuel Rodriguez-Quinones, was arrested by ICE on April 30, and he's convicted of first-degree murder with a weapon, battery and larceny, as well as cocaine possession and cocaine trafficking. Thongxay Nilakout, a Laos citizen who was convicted of first-degree murder and robbery and was sentenced to life behind bars, is also on the flight. He was arrested in January by ICE. Mexican citizen Jesus Munoz-Gutierrez is convicted of second-degree murder, and was taken into ICE custody earlier this month. Dian Peter Domach of South Sudan is convicted of a DUI, "possession of burglar's tools and possession of defaced firearm; sentenced to 18 months confinement" and "robbery and possession of a firearm; sentenced to 8 years confinement." He was arrested by ICE earlier this month. Two Burmese citizens, Kyaw Mya and Nyo Myint, are also headed to the African nation on the flight. Mya is convicted of "Lascivious Acts with a Child-Victim less than 12 years of age." He was sentenced to 10 years behind bars, but he was paroled after four years. Myint is convicted of "first-degree sexual assault involving a victim mentally and physically incapable of resisting" and faced 12 years behind bars. He was also charged with "aggravated assault-nonfamily strongarm." Both were arrested by ICE in February. Vietnamese citizen Tuan Thanh Phan, a citizen of Vietnam is convicted of "first-degree murder and second-degree assault." U.S. District Judge Brian Murphy in Massachusetts, a Biden appointee, ruled on Tuesday night that the Trump administration must maintain custody of the migrants in case he rules their removal unlawful, and they must be transferred back to the U.S. Lawyers for illegal immigrants from Myanmar, also called Burma, and Vietnam accused the Trump administration of illegally deporting their clients to third-party countries. They argue the deportations violated Murphy's previous court order mandating that migrants be granted "meaningful opportunity" to establish that sending them to a third country would make them unsafe. Murphy previously found that any plans to deport people to Libya without notice would "clearly" violate his ruling regarding third-party deportations, which also applies to people who have otherwise exhausted their legal appeals.

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