


Eight days after U.S. authorities deported eight migrants to war-torn South Sudan, ending a monthslong legal struggle, their fate remains unclear. The Trump administration, which called the men “the worst of the worst,” says it is no longer responsible for the group.
The government of South Sudan said in a statement that the men, all of whom had been convicted of crimes in the United States, were “under the care of the relevant authorities,” but said nothing about their whereabouts or their futures. None of their family members have heard from them since they landed just before midnight on July 4, according to their legal team.
Now that the Supreme Court has ruled that the South Sudan deportations pass legal muster, immigration experts say it is likely that the Trump administration will expand the use of so-called “third-country” deportations, an aggressive tactic in which migrants are sent to countries other than their home nations.
Citing the ruling, U.S. Immigration and Customs Enforcement on Wednesday issued new internal guidance that could help accelerate third-country deportations. According to the guidance, when a country has provided “credible diplomatic assurances” that deportees will not be subjected to torture or persecution, deportations can proceed without delay.
When the United States has not received those guarantees, the guidance calls for ICE to inform migrants that they are being sent to a specific country. But it does not require the agency to ask if the migrant fears deportation to that country. The new agency rules appear to allow deportations in a few as six hours, provided the migrant does not raise objections beforehand.
“Because the Supreme Court let them do this, I think they’re now feeling emboldened to do it on a more widespread scale,” said Trina Realmuto, a lawyer representing the migrants sent to South Sudan. The lack of information about the eight men, she added, “creates fear” and puts their family members “in an untenable position.”