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Deported migrant detainees are holding at a US Naval base in Djibouti amid court fight, officials say

Published 6 hours ago3 minute read
A sign outside Camp Lemonnier in Djibouti, East Africa.

CNN  — 

Eight migrant detainees who were on a US flight destined for South Sudan are currently at a US military base in Djibouti, awaiting next steps as details over their case are hammered out in court, two US officials told CNN.

It’s unclear when or how the detainees — who have criminal records and come almost entirely from countries other than South Sudan — will move on from the US Navy base in Djibouti, Camp Lemonnier, one official said. The US officials added that that the situation has angered Djiboutian government officials, and that the US military in Djibouti has messaged back to Washington “significant concerns” over keeping the detainees there and the possible impact on military relations.

The deportation flight was described on Wednesday at a Department of Homeland Security press conference as a “diplomatic and military security operation,” which the US official said floored some military officials who did not see it as a military operation.

“I still don’t fully understand how this happened,” the US official said.

White House spokeswoman Karoline Leavitt said Thursday that the detainees will have to be in Djibouti “for over two weeks.”

“Every single one of these individuals I will add had final orders of removal from our country, and now (federal Judge Brian Murphy) is forcing federal officials to remain in Djibouti for over two weeks, threatening our US-diplomatic relationships with countries around the world, and putting these agents’ lives in danger by having to be with these illegal, murderous criminals and rapists,” Leavitt said.

The flight, which took off with eight immigrant detainees Tuesday morning, set off a chain of events, culminating in a scramble at DHS to determine how officials could comply with an anticipated order from a federal judge in Massachusetts.

Murphy held a hearing Tuesday afternoon on the heels of an emergency motion filed by attorneys who said their clients — of varying nationalities and, according to DHS, all with criminal records — were being flown to war-torn South Sudan. The plane ultimately landed in Djibouti, according to a flight tracker, where it remained as legal proceedings were ongoing.

In an hours-long court hearing Wednesday, a Homeland Security official called in and out, at the judge’s direction, to gather more information and share what was doable to provide additional due process to those who the department tried to transfer to South Sudan.

During the hearing, Murphy asked the official whether DHS could conduct what’s known as a “reasonable fear interview” — the first step toward raising a fear-based claim against being deported to a particular country — where the migrants currently were.

“I would have to call over and find out, your honor. Currently, they’re sitting on a plane,” the official said.

As the proceeding continued Wednesday, the official periodically chimed in to provide updates while officials raced to figure out what they could or couldn’t do.

Hours later, the answer: It was possible to do the interview where the migrants were, the official told the judge. One of the US officials confirmed the Department of Homeland Security has asked to be able to do the reasonable fear interviews for the detainees at the base, though they said it was unclear if it would actually happen.

As of Thursday morning, attorneys for the clients had not yet received instructions on how to reach the detainees and how or when the interviews would be conducted.

One of the US officials said it remains unclear what comes next, but that military officials are “waiting for others to figure those things out” as the court proceedings continue.

“The full impact of this is definitely stressful,” the official said.

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