U.S. federal judge says Libya deportation flight could violate prior court order

In this January 30 photo, migrants are deported using a US military plane in El Paso, Texas. (Christian Torres/Anadolu/Getty Images/File via CNN Newsource)

A U.S. federal judge said Wednesday that deporting migrants to Libya or Saudi Arabia, as reported in the media, would violate his previous order if they were not provided written notice and an opportunity to contest ahead of time, according to a new filing.

Immigrant advocacy groups filed an emergency motion to block the removal of migrants to Libya, according to a court filing, after a Trump administration official told CNN that the administration is moving forward with plans to transport a group of undocumented immigrants to the country on a US military plane.

It is unclear when the plane would leave and whether other groups of migrants would also be sent to Libya — a country engaged in an ongoing civil conflict — in the future, the official said.

Flight trackers show that a US Air Force C-17 has filed a plan to fly on Wednesday from Kelly Field in San Antonio to Misrata Airport in Libya. The US has repeatedly used the large C-17s to transport migrants in recent months.

Last month, Judge Brian Murphy temporarily blocked the Trump administration from deporting people to countries other than their own without first providing notice and an opportunity to contest it. He said Wednesday that deporting migrants to Libya or Saudi Arabia would violate his previous directive.

“The April 30, 2025 Amendment to the Preliminary Injunction further clarifies that the Department of Homeland Security may not evade this injunction by ceding control over non-citizens or the enforcement of its immigration responsibilities to any other agency, including but not limited to the Department of Defense,” Murphy wrote.

“If there is any doubt — the Court sees none — the allegedly imminent removals, as reported by news agencies and as Plaintiffs seek to corroborate with class-member accounts and public information, would clearly violate this Court’s Order,” he concluded.

The immigrant advocacy groups that filed the motion asked the court for an immediate order restraining flights carrying migrants to Libya or any other country besides the one where they originated. They also asked the court to order the return of those removed to Libya, if necessary.

According to one attorney cited in the filing, Immigration and Customs Enforcement verbally informed his Filipino client, who has a final order of removal, that he would be removed to Libya. They didn’t, however, receive written notice.

The White House declined to comment on the flight plans. CNN first reported the administration was communicating with Libya to have the country take migrants from the United States. Reuters first reported on the potential military flight this week.

The decision to send migrants to Libya, which the UN has previously criticized for its harsh treatment of migrants, is a further escalation of the president’s deportation policies — which have faced widespread political and legal backlash.

When asked about the potential flight, President Donald Trump said in the Oval Office Wednesday: “I don’t know, you’ll have to ask Homeland Security.”

The Libyan Ministry of Foreign Affairs and International Cooperation said in a statement that it “categorically denies any agreement or coordination with US authorities regarding the deportation of migrants to Libya.”

The State Department’s website has a Level 4 travel advisory for Libya. “Do not travel to Libya due to crime, terrorism, unexploded landmines, civil unrest, kidnapping, and armed conflict,” the site reads.

A State Department spokesperson declined to comment on the deportation plans, saying: “We do not discuss the details of our diplomatic communications with other governments.”

CNN reached out last week to a representative for Libyan Gen. Saddam Haftar, who was in Washington for talks with officials, for comment on the deportation plans. The State Department and a Libyan official said his meetings were not about deportations.

A Libyan official told CNN: “Deporting migrants to Libya was never discussed. This did not happen. Everything we talked about was as published on the official agenda.”

Conversations about sending migrants to other countries in Africa, such as Rwanda, continue. But there are no confirmed plans for flights to those other countries right now, sources familiar with those discussions said.

Natasha Bertrand, Jennifer Hansler and Kylie Atwood contributed to this report.