Judge Accuses trump Administration of “end-Run” Around Torture Protections in Migrant Deportations to Ghana
Washington D.C. – A federal judge sharply criticized the Trump administration Saturday, accusing it of attempting to circumvent legal obligations to protect individuals fleeing persecution and torture. The rebuke came following the recent deportation of a group of African migrants to Ghana, with some now facing imminent return to their home countries despite existing U.S. court orders protecting them from such deportation.
U.S. District Court Judge Tanya Chutkan demanded the U.S. government detail, by 9 p.m. EST Saturday, the steps being taken to prevent the deportees from being sent back to nations where they fear credible persecution or torture.
The case centers around the deportation earlier this month of over a dozen non-Ghanaian nationals – including citizens of Gambia and Nigeria – to Ghana. This action makes Ghana the latest nation to accept so-called “third-country deportations” requested by the outgoing Trump administration.While the Ghanaian government has confirmed the deportations, the legal ramifications are now under intense scrutiny.
Attorneys representing the deportees allege they are being held in “squalid conditions” within an open-air detention facility in Ghana, guarded by armed military personnel. More alarmingly, legal filings indicate that four of the deportees have been informed they will be returned to their countries of origin as early as Monday, directly contravening existing orders from U.S. immigration judges who previously barred their deportation due to substantiated fears of persecution or torture. One individual from Gambia, identified as bisexual by legal counsel, has already been repatriated, according to the lawsuit.
These deportees are protected under both the United Nations Convention Against Torture and a provision of U.S. immigration law known as withholding of removal. While these protections don’t prevent deportation altogether, they do prohibit the U.S. from sending individuals to countries where they face a genuine risk of harm. The administration’s strategy appears to exploit a loophole, transferring individuals to third-party nations with the expectation they won’t be sent onward to face persecution.
During Saturday’s hearing, the Justice Department lawyer representing the government conceded that Ghana intends to return the deportees to their native countries, and acknowledged the potential violation of diplomatic assurances allegedly given by Ghana promising not to send the migrants to unsafe locations. However, the attorney argued the U.S.has no authority to dictate Ghana’s actions.
Judge Chutkan expressed visible frustration with this position, labeling it “disingenuous.” She questioned whether the U.S.government anticipated this outcome and suggested the deportations were a purposeful attempt to bypass established legal protections. She proposed potential solutions, including retrieving the deportees and returning them to the U.S., transferring them to a safe third country, or formally notifying Ghana of its breach of agreement.
“How’s this not a violation of your obligation?” Chutkan pressed the Justice Department attorney.
Despite her concerns, Judge Chutkan acknowledged the limitations of her authority, noting her “hands might potentially be tied” as the deportees are currently outside U.S. jurisdiction. She also conceded that any order compelling action would likely be stayed by the Supreme Court.
Keywords: Trump Administration, Deportation, Ghana, Migrants, Torture, Persecution, Judge Tanya chutkan, ACLU, Immigration Law, Third-Country deportation, UN Convention Against Torture, Withholding of Removal.
