Judge Threatens to Halt Deportation Flight of Convicted Migrants to South Sudan

A federal judge, appointed by President Biden, is poised to make a controversial call on Wednesday that could force a plane carrying eight convicted criminal migrants to South Sudan to turn back. These men, hailing from Laos, Mexico, South Sudan, Burma, and Vietnam, have been found guilty of heinous crimes including homicide, robbery, sexual assault, and firearms violations. The Department of Homeland Security (DHS) laid bare the severity of their offenses, emphasizing that no nation, not even their home countries, wants to take them back due to the gravity of their actions.

"Monstrous and barbaric"—that’s how DHS Assistant Secretary Tricia McLaughlin described the crimes at a press conference. She argued that allowing a judge to dictate the fate of these deportations encroaches on U.S. foreign policy and national security. Among the group is Thongxay Nilakout, a Laotian convicted of first-degree murder and robbery, serving a life sentence before his recent ICE arrest. Jesus Munoz-Gutierrez, a Mexican national, faces second-degree murder charges, while Dian Peter Domach from South Sudan has a rap sheet including DUI, robbery, and firearms possession.

The Burmese duo, Kyaw Mya and Nyo Myint, convicted of chilling sexual crimes against vulnerable victims, and Vietnamese citizen Tuan Thanh Phan, guilty of murder and assault, round out the group. Their home countries have refused to accept them, leaving South Sudan as the destination—unless Judge Brian Murphy intervenes. Murphy, who ruled Tuesday that the Trump administration must hold these migrants in case their deportation is deemed unlawful, is under fire from DHS for potentially undermining national security.

Lawyers for the migrants argue the deportations to a third country like South Sudan violate court orders, claiming their clients deserve a meaningful chance to prove they’d face danger there. This legal tug-of-war highlights a broader tension: balancing justice for victims of these crimes with the rights of migrants who’ve exhausted legal appeals. As the plane hangs in limbo, the decision could ripple through immigration policy and international relations.