A federal judge is investigating whether the Trump administration deported migrants to South Sudan on Tuesday in violation of an earlier order that prohibits migrants deportations to countries other than their own without giving them enough opportunity to dispute their elimination.
An order from the American district judge Brian Murphy on Tuesday night orders the government to “keep custody and control” of any person deported to South Sudan covered by a lawsuit that challenges the practice of the administration to deport migrants to third countries “guarantee the practical viability of the return if the court considers that such moles were illuminating.”
The judge’s order occurs after the lawyers of the National Alliance of Immigration Litigation and other groups presented an emergency motion to prohibit the government from deporting migrants to South Sudan, saying that they had indications that at least 12 migrants had been sent to the country of East Africa.

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Veronica G. Cardenas/Pool/AFP through Getty Images
The lawyers said they believed that one of the men, a native of Myanmar identified in the judicial documents as “NM”, was eliminated from the Port Isabel detention center in Texas to South Sudan from the South on Tuesday morning. Lawyers also claim that a Vietnamese migrant known as TTP “seems to have suffered the same destination.”
Both men appointed in the presentation have removal orders to their countries of origin, lawyers said.
During an agreed virtual hearing on Tuesday in the United States District Court in Boston, a lawyer from the Department of Justice told the judge that NM had been deported to Myanmar, not in South Sudan. But the lawyer refused to say where TTP had been sent, saying that the information was classified, according to an audience account in the New York Times.
The lawyer also said that the current location of the plane that transports migrants to be eliminated, as well as their final destination, were classified, according to The Times.
Murphy, designated by Biden, told the lawyer of the Department of Justice that the officials who carried out deportations in violation of their previous order could face criminal proceedings, according to The Times. Lawyer Trina Realmuto, of the National Alliance of Immigration Litigation, which was present for the Hearing, confirmed this account.
ABC News has communicated with the DHS to comment on the alleged removals to South Sudan.

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Veronica G. Cardenas/Pool/AFP through Getty Images
As part of his order, Murphy also instructed the government to be prepared to identify the affected deportees and provide more details about their elimination and the opportunity for each individual to have to raise a claim based on fear.
The United States Department of State They currently advise American travelers will not visit South Sudan due to the threat of crimes, kidnappings and armed conflicts.
Another audience in the case is scheduled for Wednesday at 11 am
Last month, Murphy issued an order that required the Trump administration to provide people with a written warning before they are transferred to a third country and a “significant opportunity” to generate concerns about their safety. The preliminary judicial order also prohibits the Government from withdrawing a migrant to a third country without evaluating the possible risks for their safety in that country and a 15 -day window to dispute the government’s determination based on that exam.
In a statement, one of NM’s lawyers said it was also one of the men to whom the Trump administration tried to deport Libya earlier this month, unleashing a legal fight to block it. In that case, the judge said that eliminating men to Libya without due process “clearly” their order.
Jack Moore of ABC contributed to this report.