Myanmar nationals among deportees from US to South Sudan

The United States’ Department of Homeland Security (DHS) is facing public and legal scrutiny after sending eight noncitizens—including two men from Myanmar—to South Sudan earlier this month. A federal judge ruled on Wednesday that the deportations violated a court order preventing the removal of migrants from the country without due process or the chance to seek protection from torture or other abuses. The deportees, whom DHS labelled as “violent criminals” in a press release, were removed to South Sudan despite all being nationals of other countries. Among them were two migrants from Myanmar—Kyaw Mya and Nyo Myint—both of whom were allegedly denied legal counsel and the opportunity to appeal for protection before their removal. Kyaw Mya, according to a DHS statement, was convicted of committing lascivious acts with a child under the age of 12 and was sentenced to 10 years in prison, serving four before being paroled. Nyo Myint was convicted of first-degree sexual assault against a victim described as “mentally and physically unable to resist” in the DHS statement. He was sentenced to 12 years and also faces charges of aggravated assault. In a sharply worded ruling, the United States (US) District Court for the District of Massachusetts found that DHS had breached a preliminary injunction in an ongoing class-action lawsuit. The federal court concluded that the agency had failed to provide sufficient notice or access to legal representation before deporting individuals to a country in the midst of ongoing armed conflict and human rights abuses. South Sudan is currently classified under a Level 4 “Do Not Travel” advisory by the US State Department. “This is not just a technical violation,” said Trina Realmuto, executive director of the National Immigration Litigation Alliance, one of the organisations representing the deportees. “This was a deliberate end-run around a federal court order and an affront to basic legal protections,” she was quoted as saying in a statement sent to Myanmar Now. The court’s ruling did not order the return of the deported individuals to the US but required DHS to complete proper screenings of their fear-based cases for protection, either by bringing them back or conducting such screenings under equivalent conditions in custody overseas. The ruling also mandated granting individuals a minimum 10-day period to seek protection before any removal to a third country in future. The case has ignited a firestorm of controversy, especially after DHS held a press conference in Washington on Wednesday to defend the removals. DHS Assistant Secretary Tricia McLaughlin described the deportees as the “worst of the worst,” releasing the names and criminal histories of each person aboard the flight. Offenses ranged from murder and robbery to sexual crimes against minors and the disabled. “These are not asylum seekers. These are not innocent victims,” McLaughlin said. “We are removing convicted sex offenders and murderers. It is absurd that an activist judge is trying to force the United States to bring these criminals back.” DHS also accused the media of misleading the public about the nature of the deportations, saying it had provided the press with the names and crimes of those removed. The group included nationals of Cuba, Laos, Mexico, Myanmar, and Vietnam. All were sent to South Sudan, a country to which they have no connection. The Myanmar military junta has announced its willingness to accept Myanmar nationals deported from the United States. An unknown number have already been sent to Myanmar. Myanmar Now has reached out to both the U.S. Department of Homeland Security and junta officials for details about the removed individuals but has not received a response from either at the time of publication.

Myanmar nationals among deportees from US to South Sudan

The Department of Homeland Security defended its removal of the migrants in a sharply worded statement, calling court proceedings challenging the deportations “absurd”

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