Families Finally Receive Calls from Men Held by DHS in Djibouti; Still No Contact with Attorneys

BOSTON, MASSACHUSETTS — The Department of Homeland Security (DHS) has confirmed that the men it sought to remove to South Sudan on May 20, in violation of a federal court order, are still being held in a converted shipping container at a U.S. naval base in Djibouti. On Wednesday late afternoon, for the first time since they were flown out of the United States, some of the men were able to telephone their families. Family members have learned that, for over two weeks, DHS has kept them in leg shackles except when showering every other day. Despite a court order requiring access to counsel, DHS has not even told the men that they have lawyers in the United States working on their behalf. Despite repeated inquiries, counsel have yet to be granted access to the men pursuant to the district court’s order.

For over two weeks, the families of the eight men have worried constantly about the health and safety of their loved ones whom DHS attempted to deport to South Sudan—a country experiencing armed conflict and marked by extremely unstable and unsafe conditions — without any advance notice and without any ability to investigate or be heard on their fears of what would happen to them there.

Ngoc Phan, the wife of one of the class members, confirmed: “After two weeks, my husband was finally allowed to call me for only a few minutes. It was a relief to know that he is safe and alive, but it was extremely upsetting to know that he’s chained by the feet like an animal, living in a shipping container, and without proper medication.”

Patricia Domach, the wife of another one of the class members, explained: “It was a tremendous relief to our family to finally hear from Dian after two weeks of complete uncertainty regarding his whereabouts. His primary concern is the pain of being separated from his family. As his wife, I share that concern deeply. Our greatest fear is that he may be deported to a country he has never set foot in — a place currently facing severe conflict and instability. This situation has placed an overwhelming emotional and psychological strain on our family. We are gravely concerned for his safety and well-being, and we respectfully urge that his case be reviewed with the urgency and compassion it deserves.”

Former counsel for one of the men remains in close contact with his family, describing the family’s ordeal as a “nightmare.”  The man had been living a law-abiding life and working steadily prior to his abrupt re-detention at a routine check-in. They are a close-knit family. “Not knowing where he was being held or under what conditions for hours, then days, and then weeks,” has taken an emotional and physical toll on the family. The stress and anxiety of the last two and a half weeks has put the physical and mental health of some of the family members at risk,” the lawyer said.

The men are in Djibouti only because DHS violated the terms of a federal district court order requiring DHS to provide them with due process before deporting them to a country that was not listed on their removal orders. In court filings, DHS has complained of the impracticability of holding immigration detainees on a military base in Djibouti, but the problem is one of its own making:

“The judge gave the government a choice about how to remedy the DHS’ violation of the court’s order—either return the men and comply with the order in the United States or comply with the order overseas,” said Trina Realmuto, executive director of the National Immigration Litigation Alliance. “The government opted to comply overseas after telling the court that they had the ability to do so. This is a situation that the government created by violating the order and easily can remedy with a single return flight.”

“It is ironic that the Trump administration announced a travel ban from Libya just weeks after attempting to send our class members to Libya,” said Matt Adams, legal director for Northwest Immigrant Rights Project. “And now the administration is attempting to send these class members to another war torn country, with complete disregard for the court’s order, the law, and basic human decency.”

Moreover, the government’s filing in court yesterday disregarded that the dire conditions facing DHS officers, including poor air quality and limited medications to treat illnesses that have befallen the group, also affect the class members.

“The U.S. State Department advises U.S. travelers against travel to South Sudan and tells them to leave a DNA sample with their medical provider if they need to travel there, yet our government put these men on a plane there seemingly without any precautions,” said Anwen Hughes of Human Rights First. “It is outrageous.”

Media Contacts:

Trina Realmuto, National Immigration Litigation Alliance: (617) 819-4447; [email protected]

Matt Adams, Northwest Immigrant Rights Project: (206) 957-8611; [email protected]

Anwen Hughes, Human Rights First: [email protected]; [email protected]