Send them to Britain, then, where they'll be safe
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(Or if not safe permanently, for a long time. It took from 1980 -2015 before Mr. Abu Hamza al-Masri was finally sent from Britain to ADX Prison at the request of the US government, where he has taken up residency for life.)
DHS exposes crimes by migrants deported to South Sudan as judge threatens to order their return
A Biden-appointed federal judge could decide Wednesday that a plane carrying illegal immigrants convicted of serious crimes to South Sudan has to return.
The plane carried eight men — all of whom are convicted of crimes ranging from homicide to robbery, according to details exclusively provided by the Department of Homeland Security (DHS). DHS unveiled details of the crimes after U.S. District Judge Brian Murphy ruled that their transfer violated a prior court order, though it is unclear whether he will order them back to the U.S.
"No country on earth wanted to accept [the migrants] because their crimes are so uniquely monstrous and barbaric," Assistant Secretary for Public Affairs Tricia McLaughlin said at a press conference Wednesday. "These heinous individuals have terrorized American streets for too long."
"While we are fully compliant with the law and court orders, it is absurd for a district judge to try to dictate the foreign policy and national security of the United States of America," McLaughlin said.
Thongxay Nilakout, a Laos citizen who was convicted of first-degree murder and robbery and was sentenced to life behind bars, is also on the flight. He was arrested in January by ICE. Mexican citizen Jesus Munoz-Gutierrez is convicted of second-degree murder, and was taken into ICE custody earlier this month.
Dian Peter Domach of South Sudan is convicted of a DUI, "possession of burglar’s tools and possession of defaced firearm; sentenced to 18 months confinement" and "robbery and possession of a firearm; sentenced to 8 years confinement." He was arrested by ICE earlier this month.
Two Burmese citizens, Kyaw Mya and Nyo Myint, are also headed to the African nation on the flight. Mya is convicted of "Lascivious Acts with a Child-Victim less than 12 years of age." He was sentenced to 10 years behind bars, but he was paroled after four years. Myint is convicted of "first-degree sexual assault involving a victim mentally and physically incapable of resisting" and faced 12 years behind bars. He was also charged with "aggravated assault-nonfamily strongarm." Both were arrested by ICE in February.
Vietnamese citizen Tuan Thanh Phan, a citizen of Vietnam, is convicted of "first-degree murder and second-degree assault."
DHS officials noted at Wednesday's briefing that the home countries of each of the illegal immigrants refused to take them back to their home soil. The migrants remain in DHS custody, the officials added.
Murphy, appointed by former President Joe Biden, ruled on Tuesday night that the Trump administration must maintain custody of the migrants in case he rules their removal unlawful, and they must be transferred back to the U.S.
Lawyers for illegal immigrants from Myanmar, also called Burma, and Vietnam accused the Trump administration of illegally deporting their clients to third-party countries. They argue the deportations violated Murphy's previous court order mandating that migrants be granted "meaningful opportunity" to establish that sending them to a third country would make them unsafe.
Murphy found on Wednesday that the deportees were not given "credible fear interviews" prior to their departure, in violation of his order. Murphy said he is investigating whether the deportees can conduct their interviews in South Sudan rather than returning to the U.S. immediately.
Murphy previously found that any plans to deport people to Libya without notice would "clearly" violate his ruling regarding third-party deportations, which also applies to people who have otherwise exhausted their legal appeals.
England’s courts and the EU Human Rights commission have long lead the way for barring deportation of illegal aliens who have committed truly awful crimes, from child rape to terrorist acts if the criminal will find rough sledding back home. Here:
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A British court can bar deportation if the person faces a real risk of serious harm, such as torture or degrading treatment, in their home country. This is often based on human rights laws like Article 3 of the ECHR, which prohibits such treatment. Deportation may also be blocked if it would cause serious harm to family members or breach their human rights.
Here's a more detailed explanation:
This article prohibits torture or degrading treatment, and it's a key basis for court rulings that block deportations.
"Real risk" of harm:
The court must find a real risk that the individual will be subjected to such harm if returned to their home country.
European Court of Human Rights (ECtHR):
The ECtHR can step in and block deportations if it finds that Article 3 of the ECHR is being violated.
Family ties and human rights:
Even if the individual themselves don't face a direct risk of harm, deportation could be blocked if it would cause serious harm to their family members or breach their human rights.
Specific examples:
A deportation may be blocked if there's a credible risk that the individual will be persecuted in their home country, according to the UN Refugee Convention.
A deportation may also be blocked if there's a risk of violence, torture, or cruel treatment.
You can read a summary of British case and statutory law barring deportations here. These invented rules are similar, often identical to what our own rogue judges have adopted here. So far as I’m aware, no U.S. judge has yet gone as far as England and barred the deportation of illegals who have established a “long lasting” — two years will suffice, even less — with an unmarried partner, but “yet” is the key word here.