Two Cuban citizens with extensive criminal records were deported this week by U.S. immigration authorities in a controversial operation coordinated by the Immigration and Customs Enforcement (ICE).
The flight, which had a final destination of South Sudan, ultimately landed at a U.S. military base in Djibouti, where the deportees remain in custody.
The case has sparked a strong judicial reaction after a federal judge in Boston, Brian Murphy, ruled that the government of President Donald Trump violated a previous court order by carrying out the deportation.
The ruling requires the Department of Homeland Security (DHS) to allow each deportee to receive a credible fear interview, and if approved, they will have 15 days to reopen their immigration case, with guaranteed access to lawyers and the media.
The court allows the procedure to take place outside of U.S. territory, as long as the individuals remain in government custody and have the adequate resources to mount their defense.
Deportation without ties to the receiving country
The Cubans identified on the flight are Enrique Arias-Hierro and José Manuel Rodríguez-Quiñones. The former has convictions for homicide, violent robbery, kidnapping, and identity theft; the latter was sentenced for attempted murder, theft, and trafficking of animals.
Both were arrested in early May and classified by ICE as threats to public and national security.
Despite the fact that only one of the eight deportees was from South Sudan, the flight departed from Texas with that country as its final destination, a practice that is increasingly used when countries of origin, such as Cuba, refuse to accept their citizens back.
The measure, part of the strategy of alternative deportations or toward "third countries," has been reinforced by immigration policies implemented during the Trump administration.
International concern and local rejection
The possible arrival of these individuals has generated alarm in South Sudan, a country experiencing a severe humanitarian crisis and lacking formal migration agreements with the United States.
The spokesperson for the South Sudanese police, Major General James Monday Enoka, stated that so far no deported individuals have been received from the U.S., but warned that anyone without ties to the country will be “re-deported to their correct country.”
Voices of concern have also emerged from the local South Sudanese community. Martin Mawut Ochalla, a young resident of Juba, expressed fear about the potential increase in crime if the deportees remain in the African country.
The use of military bases and the judicial controversy
Reports cited by Fox News journalist, Bill Melugin, indicate that the plane reportedly landed at a U.S. base in Djibouti, where the deportees are being held. Melugin also revealed that several of the foreign nationals had active final deportation orders that have been in place for over 20 years.
This turn of events has led human rights organizations to question the legality of deportations to third countries, especially in the absence of bilateral treaties and in contexts of violence or instability, as is the case in South Sudan.
While the legal process continues, ICE confirmed the recent arrest of another Cuban citizen with a criminal background in Texas, in what seems to be part of an intensification of immigration raids against immigrants with a criminal record.
The Supreme Court of the United States has partially limited the use of the Foreign Enemies Act, often invoked to justify such expulsions without procedural guarantees. However, the enforcement of this policy continues in certain cases under judicial oversight.
Frequently Asked Questions about the Deportation of Cubans to South Sudan
Why were the Cubans deported to South Sudan?
Cubans were deported to South Sudan as part of a strategy of deportations to third countries when their countries of origin refuse to accept them, as is the case with Cuba. This practice has intensified under the immigration policies promoted during the Trump administration.
What crimes did the deported Cubans commit?
The deported Cubans, Enrique Arias-Hierro and José Manuel Rodríguez-Quiñones, had convictions for serious crimes. Arias-Hierro was convicted of homicide, violent robbery, kidnapping, and identity theft, while Rodríguez-Quiñones was sentenced for attempted murder, theft, and animal trafficking.
What has been the international reaction to these deportations?
The deportation has raised international concerns, particularly in South Sudan, due to the absence of formal immigration agreements with the United States and the humanitarian crisis situation in the African nation. Local authorities have stated that anyone without ties to the country will be re-deported to their rightful country.
What legal measures have been taken in the United States regarding this deportation?
A federal judge in Boston ruled that the government violated a previous court order by carrying out the deportation and ordered the Department of Homeland Security (DHS) to allow each deportee to have a credible fear interview. If approved, they will have 15 days to reopen their immigration case with access to lawyers and media.
What implications does the use of military bases have on deportations?
The landing of the deportation flight at a U.S. military base in Djibouti has raised questions about the legality of these deportations. The use of military bases to detain deportees has been criticized by human rights organizations due to a lack of transparency and possible violations of fundamental rights.
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