Secretary of State Marco Rubio stated Friday {that a} federal court docket order requiring the U.S. authorities to take care of custody of deportees on a flight meant for South Sudan will trigger “significant and irreparable harm to U.S. foreign policy.”
The Trump administration late Friday filed two court docket paperwork after U.S. District Choose Brian Murphy of Massachusetts stated the deportation flight violated his earlier April injunction that enables deportees time to problem an order to be despatched to a rustic apart from their very own.
“This Department of Justice believes that this situation urgently requires judicial intervention to restore President Trump’s full Article II authority to conduct foreign policy,” a U.S. Division of Justice official advised Fox Information Digital.
Rubio famous the order has already sophisticated U.S. diplomacy with Libya, South Sudan and Djibouti and presents a severe menace to the president’s Article II authority to conduct international coverage.
FEDERAL JUDGE ORDERS TRUMP ADMINISTRATION TO TRACK DEPORTED IMMIGRANTS TO SOUTH SUDAN
The Trump administration late Friday filed two court docket paperwork after a choose stated a deportation flight violated his earlier injunction that enables deportees time to problem an order to be despatched to a rustic apart from their very own. (AP Photograph/Jose Luis Magana)
Rubio stated in his submitting that the court docket’s orders had “already interfered with quiet diplomatic efforts and exacerbated internal political and security divisions” in Libya.
The order additionally threatens to “derail efforts to quietly rebuild a productive working relationship with Juba,” the capital of South Sudan, he stated.
Rubio stated earlier than the court docket’s intervention that the South Sudan authorities had refused to simply accept a South Sudanese nationwide however had since “taken steps to work more cooperatively with the U.S. government.”
DHS EXPOSES CRIMES BY MIGRANTS DEPORTED TO SOUTH SUDAN AS JUDGE THREATENS TO ORDER THEIR RETURN
Thirdly, Rubio stated the order “causes harm” in Djibouti, which is “strategically located in the Horn of Africa” with the one U.S. army base on the African continent.
The deportees are being quickly held at a U.S. Naval base in Djibouti.

A deportation flight headed for Guatemala in January. (AP Photograph/Christian Chavez, File)
Within the second submitting, the administration requested the court docket to “reconsider” its order and “highly burdensome requirements.”
“Because of this Court’s Orders, [the U.S. government is] currently detaining dangerous criminals in a sensitive location without clear knowledge of when, how, or where this Court will tolerate their release,” the submitting stated.
“This development has put impermissible, burdensome constraints on the President’s ability to carry out his Article II powers, including his powers to command the military, manage relations with foreign nations, and execute our nation’s immigration authorities.”
The deportees “enjoyed the benefit of full process under the laws of the United States and were lawfully removed from the country,” the submitting claimed, calling for a keep if not a reconsideration of the order.
“These criminal aliens needed only state that they had a fear of removal to South Sudan to receive the other procedures required by the Court’s April 18, 2025 injunction,” the administration wrote. “The aliens did not do so. Therefore, DHS attempted to remove these aliens — who have committed the most reprehensible violations of our nation’s laws — to a place where they no longer pose a threat to the United States.”

Secretary of State Marco Rubio stated Friday {that a} court docket order requiring the U.S. authorities to take care of custody of deportees on a flight meant for South Sudan will trigger “significant and irreparable harm to U.S. foreign policy.” (AP Photograph/Jose Luis Magana)
The flight left from Texas earlier this week with eight migrants from Myanmar, Laos, Vietnam, Cuba, Mexico and South Sudan.
Murphy issued the ruling Tuesday night time after attorneys for the immigrants from Myanmar and Vietnam accused the Trump administration of illegally deporting their purchasers to third-party nations. They argue there’s a court docket order blocking such removals.
Murphy’s ruling stated the federal government should “maintain custody and control of class members currently being removed to South Sudan or to any other third country, to ensure the practical feasibility of return if the Court finds that such removals were unlawful.”
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Rubio introduced in April that the U.S. would revoke visas held by South Sudanese passport holders and no others can be issued, attributing the change to “the failure of South Sudan’s transitional government to accept the return of its repatriated citizens in a timely manner,” in keeping with an announcement posted on X on the time.
The U.S. has third-party deportation agreements with a handful of nations, essentially the most distinguished being El Salvador, which has accepted a whole bunch of Venezuelan deportees from the Trump administration.
Fox Information’ Brooke Singman contributed to this report.