Judge Accuses trump Administration of “end-Run”โค Around Torture Protections โin Migrant Deportations to Ghana
Washington D.C. – A federal โขjudge sharply criticized the Trump โadministration Saturday, accusing it of attempting to circumvent legal obligations to protect individuals fleeing โpersecution and torture. Theโค rebuke โขcame following the recent โdeportation of a group of African migrants to Ghana, with some now facing imminent return to their home โcountries โdespite existing U.S. court orders protecting them from such deportation.
U.S. District Court Judge Tanya Chutkan demanded the U.S. governmentโข detail, by 9 p.m. EST Saturday, the steps being taken to prevent the deportees from โbeing sent back to nations where they fear โcredible persecution or torture.
The caseโ centers around the deportation earlier this month of over a dozen non-Ghanaian nationals – โขincluding citizens of Gambia and Nigeria – to Ghana. This action makes Ghana the latest nation to accept โคso-called “third-country deportations”โ requested by the outgoing Trump administration.While the Ghanaian government has confirmed the deportations, the legal ramifications are now under intenseโข scrutiny.
Attorneys representing the deportees allege theyโ are โbeing held in “squalid conditions” within an open-airโ detention facilityโข in Ghana,โค guarded byโ armed military personnel. More alarmingly, legal filings indicate โฃthat four of the deporteesโ have been informed they will be returned to their countries of origin as early asโ Monday, directly contraveningโฃ existing orders fromโ U.S.โ immigration judges who previously barred their deportation due โคto substantiated fears of persecution or torture. One individual from Gambia,โ identified as bisexual byโ legalโ counsel, has already been repatriated, according to the lawsuit.
These deportees are protected under both the United Nations Convention Against Torture and โขa provision of U.S. immigration law known as withholding of removal. While these protections don’t prevent deportation altogether, they do prohibitโ the U.S. โfrom sending individuals to countries where they face a genuine riskโฃ of โคharm. โฃThe โadministration’s strategy appears to exploit a loophole, transferring individuals to third-party nations with the expectation โคthey won’t be sent onward โto face persecution.
Duringโฃ Saturday’s โคhearing, the Justice Department lawyer representing the government concededโค that Ghana intends to return the deportees to their native countries, and acknowledged the potential violation of diplomatic assurances allegedly given by Ghana โคpromising not to send the migrantsโฃ to unsafe โlocations. However, the attorneyโฃ argued the U.S.has no authority to dictate Ghana’s actions.
Judge Chutkanโ expressed visible frustration with this position, labeling it “disingenuous.” โฃShe questioned whether the U.S.government anticipated this outcome and suggested the deportationsโ were a purposeful attempt to bypass established legal protections. She proposed potential solutions, including โคretrieving theโค deportees โฃand returning โthem to the U.S., transferring them โคto a safe third country, orโ formally notifying Ghana of its breach of agreement.
“How’s thisโฃ notโข 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 โtied” as the deportees are โcurrently outside U.S. jurisdiction. She also conceded that anyโ order compelling action would likely be โขstayed byโ the Supremeโฃ Court.
Keywords: Trump Administration, Deportation, Ghana,โ Migrants, Torture, Persecution, Judge Tanya chutkan, ACLU, Immigration Law, Third-Country deportation, UN Convention Against Torture, Withholding โฃof Removal.