Judge's Ruling Exposes DHS Violation of Migrants' Due-Process Rights in Landmark Case

ICARO Media Group
Politics
06/06/2025 13h56

### Judge Finds DHS Violated Migrants' Rights During Deportation

In a landmark ruling, Judge Brian E. Murphy of the District of Massachusetts determined that the Department of Homeland Security (DHS) failed to provide adequate notice to a group of detainees before their deportation, thus violating their due-process rights. The men, all of whom had been convicted of violent crimes in the United States, were given less than 24 hours' notice before being slated for removal, contravening a court order that mandated a "meaningful opportunity" to express a reasonable fear of torture.

The case, spanning several continents, has significant implications for the rights of immigrants and the legal procedures pertaining to deportations. It also prompted concerns over how the U.S. government handles such operations, particularly under the Trump administration. There have been suggestions that these actions might be testing the waters for even more severe policies in the future.

The New York Times has reviewed extensive court and criminal records and interviewed numerous individuals connected to the case, including lawyers, officials, and family members. One detainee, who was part of the group until he was taken aside before the plane's departure, recounted the rapid succession of events and inadequate documentation provided to them.

According to a military official, top leaders at U.S. Africa Command were also given minimal notice about DHS's plans to use one of their bases in Djibouti as a holding point for the deportees. This arrangement led to logistical challenges and health risks for the DHS personnel tasked with guarding the detainees.

Ngoc Phan, the wife of Tuan Thanh Phan, one of the detainees, expressed her frustration and concern. Her husband, a native of Vietnam who had served a 25-year sentence for a crime committed at age 18, was abruptly moved in a nighttime operation. The couple had already planned to return to Vietnam; instead, Mr. Phan found himself en route to a military base in Djibouti without clear communication.

On May 17, ten men of various nationalities, including Vietnam, South Korea, Mexico, Laos, Cuba, Myanmar, and one from South Sudan, arrived at an ICE detention center in Texas. Despite their violent criminal records and orders of removal, they were given papers indicating they were to be deported to South Africa, then later told it would be South Sudan, changing repeatedly without adequate explanation or legal notice.

The government faced criticism for this mishandling. Judge Murphy highlighted that the men did not receive the legally required notice or opportunity to contest their removal. Moreover, their destination continually changed, causing confusion and fear among the detainees. This chaos culminated in a Gulfstream V jet transporting the men to Djibouti without clarity on their ultimate fate.

Despite the Trump administration asserting the gravity of the detainees' crimes, critics argue that even serious offenders deserve due process. Gerald Horne, the deputy county prosecutor in the original case against Mr. Phan, acknowledged the severity of Phan’s actions but maintained that further punishment through mishandled deportation was unjust.

The situation remains unresolved as DHS continues to navigate judicial orders and operational challenges. The detained men's future rests in limbo, with ongoing legal battles and international diplomatic implications further complicating their fate. Meanwhile, observers warn that such cases test the limits of due process and humanitarian standards in U.S. immigration policy.

The views expressed in this article do not reflect the opinion of ICARO, or any of its affiliates.

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