Judge Warns Trump Administration Deporting Migrants to Libya Would Violate Court Order

Detained migrants, including Filipino, Laotian and Vietnamese class members, face removal to Libya without notice, risking persecution, torture or death, after more than 200 migrants were earlier sent to an El Salvador prison.
The Court sees none.
Judge Murphy said he saw no doubt that reported Libya removals would violate his injunction.
Mark

Why does a two-page order matter this much?

Mimi

Because it says the existing injunction already covers Libya. Murphy isn't creating a new rule, he's removing any excuse. Written notice and a chance to contest removal are required before anyone goes to a third country.

Mark

And the military aircraft detail?

Mimi

It ties to his earlier amendment. DHS can't avoid the injunction by handing detainees to the Defense Department.

Luke

Let me separate what's confirmed. The flights themselves rest on news reports. What do we actually know?

Mimi

The plaintiffs say an attorney was verbally told by ICE that a Filipino client would go to Libya. That's their account in a filing, not something ICE has confirmed publicly.

Luke

Right. And the Laotian detainee was told Saudi Arabia, not Libya, so the picture isn't uniform.

Mark

So the judge ruled on allegations?

Mimi

He ruled that if the reported removals happen as described, they'd violate his order. His wording is conditional: allegedly imminent.

Luke

Also unknown: whether any flight was actually scheduled for Wednesday, and how the administration will respond. The source doesn't say.

Mark

Why does the El Salvador case keep coming up?

Mimi

It's the background. More than 200 people were sent there before this suit was filed, and the plaintiffs are trying to stop a repeat without notice.

  • Military aircraft were reportedly readied to carry deportees to Libya as early as Wednesday, leaving almost no time to act.
  • Detainees learned of their possible removal only through verbal statements from ICE, with no written notice in hand.
  • Judge Murphy responded with a two-page order declaring that any such flights would clearly violate his existing injunction.
  • The next move rests with DHS: obey the clarified order, pursue removals through the required notice process, or appeal the injunction.

In a federal courtroom, a judge has reminded the government that the promises it made to the vulnerable are not optional. Judge Brian Murphy's brief order says that flying migrants to Libya, a place known for abuses against people in exactly their position, without written notice and a chance to object would break an injunction already in force. It is a small document with a large meaning: it insists that even the state's swiftest instruments of removal must pass through the slow, necessary gate of a hearing before anyone is sent into danger.

On Wednesday, U.S. District Court Judge Brian Murphy issued a two-page order with a blunt warning for the Trump administration. If it flies migrants to Libya without written notice and a chance to object, it will be breaking his court's orders.

The order answered an emergency request from plaintiffs in a class-action case. They said Laotian, Vietnamese and Filipino class members faced imminent removal on military aircraft to Libya, a country known for abuses against migrants and refugees. None had received written notice or a chance to argue that they feared persecution, torture or death there. Reports the day before said officials had readied aircraft for departures as early as Wednesday, and an attorney had been told verbally that a Filipino client would be sent to Libya.

Murphy did not grant new relief. He said the request was already covered by the preliminary injunction he issued on April 18, and treated the filing as a motion for clarification. "If there is any doubt -- the Court sees none," he wrote, the reported removals would clearly violate his order.

The case began in March, after more than 200 migrants were sent to a mass prison in El Salvador. Days after the injunction, Murphy closed a possible workaround: DHS cannot evade it by handing detainees to the Department of Defense. That detail matters because the reports describe military flights.

What happens next is still open. The government must now decide whether to comply, pursue removals through the required notice process, or challenge the injunction itself.

On Wednesday, U.S. District Court Judge Brian Murphy put a two-page order on the docket with a blunt message for the Trump administration: if it flies migrants to Libya without giving them written notice and a chance to object, it will be breaking his court's orders.

The order came in response to an emergency request from the plaintiffs in a class-action case. They said Laotian, Vietnamese and Filipino class members faced imminent removal on military aircraft to Libya, a country known for human rights abuses against migrants and refugees. The class members, they said, had received no written notice and no opportunity to argue that they feared persecution, torture or death if sent there.

The filing followed reports published Tuesday that Trump administration officials had readied military aircraft to carry deportees to Libya as early as Wednesday. The plaintiffs offered what they described as corroboration. An attorney had been told verbally by Immigration and Customs Enforcement that a Filipino client would be removed to Libya. At least one other detainee, a citizen of Laos, had also been told verbally that he would be removed imminently, in his case to Saudi Arabia, according to the court document.

The plaintiffs added that they should not have had to file the request at all. In their view, deporting people this way would "blatantly" defy the court's earlier orders. They went to the judge anyway, they said, because the evidence pointed to imminent removals without written notice or time to contest them.

Murphy agreed with them, though not by granting new relief. He wrote that what the plaintiffs sought had already been provided by the preliminary injunction he issued earlier in the case, and he treated the new order as a motion for clarification. "If there is any doubt -- the Court sees none -- the allegedly imminent removals, as reported by news agencies and as Plaintiffs seek to corroborate with class-member accounts and public information, would clearly violate this Court's Order," he said.

The case began on March 23, about a week after the administration sent more than 200 migrants to El Salvador, where they are being held indefinitely in an infamous mass prison. The noncitizens who brought the complaint are challenging a Department of Homeland Security policy of sending deportees to a third country without prior notice and without a chance to contest removal on the grounds that they fear persecution, torture or death.

Murphy granted a preliminary injunction against such deportations on April 18. Days later he amended it to close a possible workaround: the Department of Homeland Security may not escape the injunction by handing control of the noncitizens to the Department of Defense. That amendment matters here, since the reports describe military aircraft.

What the administration does next is the open question. Watch whether DHS complies with the clarified order, whether it pursues the Libya removals through the notice process the injunction requires, or whether it appeals the injunction itself.

If there is any doubt -- the Court sees none -- the allegedly imminent removals... would clearly violate this Court's Order.
— Judge Brian Murphy
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