Judge states that a Trump administration attempt to expel immigrants to Libya would 'clearly violate' court order

Attorneys representing immigrants from Laos, Vietnam, and the Philippines hurried to the courtroom in an effort to halt what they described as an “imminent” deportation flight to the conflict-stricken African country.

Judge states that a Trump administration attempt to expel immigrants to Libya would 'clearly violate' court order
A federal judge has cautioned that the Trump administration's reported plan to swiftly deport immigrants to war-torn Libya would “clearly violate” an existing court order that prohibits such fast-track deportations.

U.S. District Judge Brian Murphy's statement was made in response to an emergency motion filed by attorneys representing a group of Asian immigrants who sought to halt a military flight reportedly ready to depart from Texas. This comes despite indications from the competing governments that control parts of Libya that they would reject deportation flights from the U.S.

The lawyers referenced “alarming reports” in media coverage and claims from some clients—nationals of Laos, Vietnam, and the Philippines—indicating that these immigrants risk being sent to Libya in violation of an injunction previously issued by Murphy, which forbids deportations to “third-party countries” without prior notice and the opportunity to mount a legal challenge. They requested Murphy to act quickly to prevent any deportation flights to Libya and to ensure compliance with his previous order. Additionally, they sought to block flights to potential “stopover” countries like Saudi Arabia.

Murphy responded less than two hours after the motion was filed, issuing a brief “clarification.” He stated that if the reports regarding imminent deportations are accurate, they would “clearly violate” his injunction from April 18, which mandated that any immigrant expelled to a country “not explicitly provided for on the alien’s order of removal” must receive written notice along with a “meaningful” opportunity to contest their deportation if they fear facing torture or persecution there.

“This motion should not even be required as it blatantly defies this Court’s preliminary injunctions,” the lawyers informed Murphy, who expressed agreement with their position, emphasizing that there is no ambiguity in the matter.

Following his injunction, two groups of migrants were sent to overseas detention in El Salvador by the Trump administration, raising concerns about compliance with Murphy's directives. The administration contended that those deportations were legal because they were executed by the Pentagon, rather than Immigration and Customs Enforcement, which was not specifically addressed in the initial injunction. Consequently, Murphy—appointed by President Biden—expanded the injunction last week to prevent ICE from transferring immigrants to other agencies “in any manner that prevents an alien from receiving … due-process guarantees.”

Reports from Reuters and The New York Times emerged earlier, detailing that the Trump administration was preparing to deport individuals to Libya. However, specifics of the plans and their viability remained uncertain. Both rival governments in Libya publicly stated that they would reject deportation flights from the U.S., as reported by The Washington Post.

It is also unclear which segment of the U.S. government is responsible for organizing the deportations, although some sources indicated that the U.S. military may provide the aircraft. Additionally, the number of individuals targeted for deportation and the extent of notification they have received regarding their destination remain ambiguous. In their emergency motion, the immigrants' lawyers stated that one of their clients, a Filipino man, had been informed he would be sent to Libya without written notice for himself or his legal representation. Another detainee, a man from Laos, reported being told he would be sent to Saudi Arabia on a military flight.

When questioned about whether his administration was sending immigrants to Libya, President Donald Trump replied “I don’t know” and directed reporters to the Department of Homeland Security (DHS). A DHS spokesperson subsequently declined to comment regarding any potential deportation flights to Libya.

The Trump administration has been exploring “safe third country agreements” with various nations and has aimed to establish deals for detaining individuals deported from the United States, mirroring the agreement secured with El Salvador.

“There’s talks underway with countries,” border czar Tom Homan mentioned at the White House on Monday, although he did not disclose how many nations were involved in these discussions.

This initiative is part of the Trump administration's strategy to alleviate pressure on the U.S. asylum system and deter migration. However, if implemented, this latest move would represent a significant escalation, as anyone sent to Libya could face dire conditions and human rights abuses.

Secretary of State Marco Rubio further noted that the administration is considering transferring some of “the most despicable human beings” to other countries, stating, “the further away from America, the better.”

Libya, still fragmented after years of civil conflict, is governed by a United Nations-recognized government in the west and military leader Khalifa Haftar in the east. Saddam Haftar, the son of Khalifa Haftar, was in Washington last week for meetings with Trump administration officials.

Human rights organizations have condemned Libya's detention facilities for refugees and migrants as “deplorable,” highlighting widespread reports of mistreatment, torture, and conditions akin to forced labor and slavery.

Navid Kalantari for TROIB News