The judge ordered Trump’s administration to maintain the ‘detainee and control’ of each migrant deported to South Sudan

A federal judge is investigating whether Trump’s administration deports migrants to southern Sudan on Tuesday which violates previous orders that prohibit migrant deportation to countries other than them without giving them sufficient opportunities to oppose their transfer.

Order from US Judge Brian Murphy Tuesday night directed the government to “maintain custody and control” whoever deported to South Sudan covered in a lawsuit that challenged administrative practices to deport migrants to the third country “to ensure practical eligibility to return if the court found that the transfer was invalid.”

The judge’s orders arose after lawyers with the National Immigration Litigation Alliance and other groups submit an emergency motion to prohibit the government to deport migrants to South Sudan, saying they have an indication of at least 12 migrants have been sent to East Africa.

The lawyer said they believed one of the men, the native of Myanmar identified in submitting a court as “NM,” was issued from the Port Isabel detention center in Texas to South Sudan on Tuesday morning. The lawyer also accused a Vietnamese migrant called TTP “seems to suffer the same fate.”

The two men mentioned in the archiving have a transfer order to their home country, the lawyer said.

During a virtual session that was regulated in a hurry -Tuesday at the US District Court in Boston, a lawyer of the Department of Justice told the judge that NM had been deported to Myanmar, not South Sudan. But the lawyer refused to say where TTP had been sent, said the information was classified, according to the trial account at the New York Times.

The lawyer also said that the current location of the aircraft brought migrants to be removed and the final destination was classified, according to the Times.

Murphy, a person who was appointed by Biden, told DOJ’s lawyer that officials who committed deportation who violated the previous order could face the criminal insulting process, according to the Times. Lawyer Trina Realmuto, from the National Immigration Litigation Alliance, who was present for the trial, confirmed this account.

ABC News has contacted DHS to comment on alleged transfer to South Sudan.

As part of his orders, Murphy also instructed the government to prepare to identify people who were affected and provide further details about their transfer and the opportunities of each individual to submit claims based on fear.

US State Department Currently suggesting American tourists do not visit southern Sudan because of the threat of crime, kidnapping and armed conflict.

Another trial in this case was set for Wednesday at 11 am

Last month, Murphy issued orders that required Trump administration to provide written notice to individuals before they were moved to the third country and “meaningful opportunities” to increase concerns about their safety. The preliminary order also prohibits the government to move migrants to third countries without filtering the possibility of risks to their safety in the country and the window of 15 days to oppose the government’s determination based on that screening.

In a declaration, one of the lawyers to NM said he was also one of the people who tried to do by the Trump government to Libya earlier this month to take the legal struggle to block him. In that case, the judge said that he moved the people to Libya without a process that had to be “clearly violated” he ordered.

Jack Moore from ABC contributes to this report.