The Trump administration's deportation policies have sparked increasing controversy and legal battles. The most recent episode was Tuesday’s “chaotic” courtroom showdown, where national security concerns clashed with humanitarian protections under international law. The administration now faces possible contempt and legal sanctions for allegedly violating court orders over deporting migrants without proper procedure. Although many countries are involved (you’ve probably been hearing a lot about Venezuela), this particular incident involves Sudan.
The Situation in Sudan
Sudan has been embroiled in a devastating conflict for over two years, primarily between the army and the paramilitary Rapid Support Forces (RSF). The war has resulted in over 150,000 deaths and displaced around 12 million people, creating what the United Nations describes as the world's largest humanitarian crisis.
The conflict began in April 2023 due to tensions over integrating the RSF into the national army. Key areas like Darfur have seen evidence of genocide, with ethnic cleansing targeting non-Arab communities. Both sides have committed potential war crimes, including attacks on hospitals and mass sexual violence. The effects are much more widespread than political, leading to other crises like acute food insecurity for the local population.
Despite international efforts for peace talks, negotiations have failed, with foreign countries like Kenya and entities such as the UN and African Union attempting to mediate. Thus, it’s unsurprising that Sudan is currently facing the biggest internal displacement crisis on the planet, with over 7.1 million people internally displaced in the past two years alone. Another few million have been externally displaced, mostly in bordering countries. The U.S. has been a home to tens of thousands of Sudanese.
One such story is that of Biar Kuek, who fled his home in South Sudan after his village was attacked in 1987. After a lot of relocations to various refugee camps, in 2001, Biar was resettled in Las Vegas through the U.S. resettlement program. Despite initial challenges, he eventually earned an associate degree, followed by a bachelor's degree in accounting and an MBA. Biar now advocates for refugees and emphasizes the importance of U.S. resettlement programs that offer them a chance at a better life.
TPS 101
Temporary Protected Status (TPS) is one mechanism the U.S. uses to provide temporary relief to refugees who are already in the U.S. and cannot safely return to their countries. It is a temporary immigration status provided by the Department of Homeland Security (DHS) to nationals of certain countries (like Sudan and Venezuela) experiencing ongoing armed conflict, environmental disasters, or other extraordinary conditions that make it unsafe for their nationals to return.
TPS is not the same as refugee status, although both protect individuals who cannot safely return to their home country. Refugee status is a more permanent form of protection, whereas TPS is, as the name suggests, temporary. Sudanese refugees who have been resettled in the United States through the refugee resettlement program have a more stable and permanent status, whereas those with TPS are still subject to the uncertainties and limitations of their temporary status.
Sudan has been designated for TPS before, the first time in 1997. Since then, the designation has been extended several times.
Sudan’s Shifting Protected Status
However, in 2017, the Trump administration announced it would terminate TPS for Sudan, effective November 2018. This decision was met with criticism from human rights groups and advocates, who argued that the conditions in Sudan had not improved and that the termination of TPS would put thousands of Sudanese refugees at risk of deportation.
In 2019, a federal court issued an injunction, blocking the termination of TPS for Sudan, as well as for other countries. The court ruled that the administration's decision to terminate TPS was based on an incorrect interpretation of the law and that it had failed to consider the humanitarian consequences of its decision. The Biden administration took steps to restore and extend TPS for certain countries, including Sudan.
This past January, DHS extended TPS for Sudan by 18 months due to ongoing conflict and unsafe conditions. This would have allowed about 1,900 eligible Sudanese nationals to re-register if they met the requirements, including those already residing in the U.S. for the past couple of years. Rigorous vetting is conducted during application and re-registration, barring individuals with felony or multiple misdemeanor convictions. Employment Authorization Documents are automatically extended for 12 months if not renewed in time. It was announced that pending applications would be processed, granting TPS through October 2026, upon approval.
Sudan Under Increasing Scrutiny
President Trump has made deporting immigrants one of his main priorities. It was therefore unsurprising that the Trump administration has not shown interest in keeping TPS for Sudanese nationals.
Adding fuel to the fire was one particular migrant who was in the U.S. under documents identifying him as “Nimeiri Garang.” The Trump administration attempted to deport this man. In February, the South Sudanese Embassy in Washington D.C. issued an emergency travel letter certifying his nationality as South Sudanese, so that’s where he was sent. However, when he finally got to South Sudan in early April, authorities there refused him entry, asserting that he was actually a citizen of the Democratic Republic of Congo and using fraudulent travel documents. The South Sudanese government identified him as Kintu, not Nimeiri Garang as his paperwork claimed, and returned him to the U.S. for further processing.
This incident led to heightened tensions between the two countries, with U.S. Secretary of State Marco Rubio revoking visas for all South Sudanese passport holders due to what he perceived as South Sudan's failure to accept repatriated citizens promptly. Despite South Sudan expressing regret over the blanket measure and willingness to cooperate on repatriations, diplomatic relations remained strained. The Trump administration continued to fast-track deportations of migrants to various countries, including countries which the deportees had no ties with.
Judge Halts Deportations
Again, unsurprisingly, this executive action led to a lawsuit challenging the deportation policy.
At the end of March, Judge Brian Murphy issued the plaintiffs a temporary restraining order, preventing deportation unless migrants receive notice and can submit fear-based claims (such as potential persecution or torture). The judge indicated that it was illegal to remove migrants from the country without providing them a meaningful opportunity to argue against their deportation. He required the Trump administration to retain custody and control of migrants being removed to South Sudan or other third countries, ensuring their potential return if the removals were found unlawful.
Despite the judge’s order, immigrant rights advocates have since accused the Trump administration of illegally deporting nearly a dozen migrants from Myanmar and Vietnam to South Sudan. They requested Judge Murphy to mandate their return, leading to an emergency hearing scheduled for this past Tuesday, where U.S. officials were ordered to appear in court to answer questions about the deportations.
Trump Admin May Have Violated Court Order
But when the hearing rolled around on Tuesday, it was described as “chaotic.”
Judge Murphy questioned Trump’s lawyers about a deportation flight allegedly headed to South Sudan, but they were unable to provide the plane's location or destination, citing classified information.
The judge expressed concern that the administration may have violated his earlier TRO. He ordered that the Trump administration must keep migrants in DHS custody upon landing, preventing their deportation until a subsequent hearing could verify they had received adequate due process. While Judge Murphy did not order the plane to return, he emphasized that any involved officials aware of his previous order could face criminal sanctions if found in contempt.
DHS has yet to comment on these allegations. Meanwhile, South Sudan remains unstable, with the U.S. State Department advising against travel due to risks of crime and armed conflict.
Related Resources:
- How to Fight Wrongful Deportation (FindLaw's Law and Daily Life)
- Deportation and Removal Laws (FindLaw's Learn About the Law)
- Trump Offers $1,000 for Self-Deporters. How Will it Work? (FindLaw's Law and Daily Life)
