A 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 given written notice and an opportunity to contest ahead of time, according to a new filing.
According to a court filing, immigrant advocacy groups filed an emergency motion to halt the removal of migrants to Libya 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 via a US military plane.
The official did not specify when the plane would depart or whether other groups of migrants would be sent to Libya, which is currently embroiled in a civil conflict.
According to flight trackers, a US Air Force C-17 is scheduled to fly from Kelly Field in San Antonio to Misrata Airport in Libya on Wednesday. In recent months, the United States has used large C-17 aircraft to transport migrants on numerous occasions.
Last month, Judge Brian Murphy temporarily prohibited the Trump administration from deporting people to countries other than their own without first providing notice and an opportunity to contest the decision. He stated 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 in his ruling.
“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,” the judge said.
The immigrant advocacy groups that filed the motion asked the court for an immediate order prohibiting flights carrying migrants to Libya or any other country other than the one from which they originated. They also requested that the court 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 deported to Libya. They did not, however, receive written notification.
The White House has declined to comment on the flight plans. CNN first reported that the administration was in talks with Libya to have the country accept migrants from the US. This week, Reuters reported on the potential military flight.
The decision to send migrants to Libya, which the UN has previously criticized for its harsh treatment of migrants, represents a further escalation of the president’s deportation policies, which have sparked widespread political and legal outrage.
When asked about the potential flight, President Donald Trump responded in the Oval Office on Wednesday: “I do not know, you will 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 includes a Level 4 travel advisory for Libya. “Do not travel to Libya due to crime, terrorism, unexploded landmines, civil unrest, kidnapping, and armed conflict,” according to the site.
A spokesperson for the State Department declined to comment on the deportation plans, saying, “We do not discuss the details of our diplomatic communications with other governments.”
Last week, CNN contacted a representative for Libyan General Saddam Haftar, who was in Washington for talks with officials, for comment on the deportation plans. The State Department and a Libyan official stated that his meetings were not about deportation.
A Libyan official told CNN that deporting migrants to Libya was never discussed. This did not occur. Everything we discussed was as stated on the official agenda.”
Conversations about relocating migrants to other African countries, such as Rwanda, continue. However, there are currently no confirmed plans to fly to those other countries, according to sources familiar with the discussions.