Judge blocks immigrants’ deportation to South Sudan one day after Supreme Court clears the way

A federal judge on Friday temporarily halted deportations of eight immigrants to war-torn South Sudan the day after the Supreme Court greenlighted their removal, saying new claims by the immigrants’ lawyers deserved a hearing.

District Judge Randolph Moss proceeded with the extraordinary Fourth of July hearing on Friday afternoon, directing the Trump administration to discuss whether a prior Supreme Court ruling that immigrants slated for removal under an 18th century wartime act invoked by President Donald Trump deserve due process might also apply to those due to be removed to South Sudan.

The administration has been trying to deport the immigrants for weeks. None are from South Sudan, which is enmeshed in civil war and where the U.S government advises no one should travel before making their own funeral arrangements. The government flew them to Djibouti but couldn’t move them further because a Massachusetts court had ruled no immigrant could be sent to a new country without a chance to have a court hearing.

The Supreme Court vacated that decision last month, then Thursday night issued a new order clarifying that that meant the immigrants could be moved to South Sudan. Lawyers for the immigrants, who hail from Laos, Mexico, Myanmar, Vietnam and other countries, filed an emergency request to halt their removal later that night.

The case was assigned to Moss, who issued his order to let the government respond and “to provide time for a hearing.” That hearing was happening Friday afternoon.

The temporary stay was first reported by legal journalist Chris Geidner.