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Judge Challenges US Deportation Of West Africans To Ghana

A federal judge orders the Trump administration to justify deportations as migrants allege squalid conditions and risk of persecution after being sent to Ghana.

6 min read

On September 14, 2025, a federal courtroom in Washington, D.C. became the epicenter of a heated debate over the fate of five West African migrants deported by the United States to Ghana, raising profound questions about international law, human rights, and the boundaries of executive power. The episode, which has unfolded rapidly over the past week, pits the Trump administration’s aggressive immigration policies against court-ordered protections for migrants who say they face grave danger if returned to their home countries.

According to reporting by CBS News and Reuters, the controversy centers on a group of five African migrants—primarily from Nigeria and The Gambia—who were removed from a Louisiana immigration detention center, shackled, and flown to Ghana on a U.S. military plane. Several were reportedly restrained in straitjackets for the 16-hour journey, though U.S. Homeland Security has denied the use of such restraints. Upon arrival, the migrants found themselves in an open-air detention facility operated by the Ghanaian military, surrounded by armed guards and, as their attorneys allege, living in “squalid conditions.”

The deportees, represented by the American Civil Liberties Union (ACLU) and Asian Americans Advancing Justice, have now sued the U.S. government. Their complaint accuses the Trump administration of orchestrating an “end run” around legal obligations by sending them to Ghana—a so-called “third country”—from which they could then be expelled to their home nations, where they fear torture or persecution. “Despite the minimal, pass-through involvement of the Ghanaian government, [the Trump administration’s] objective is clear: deport individuals who have been granted fear-based relief from being sent to their countries of origin to those countries anyway, in contravention to the rulings of U.S. immigration judges and U.S. immigration law,” the lawsuit alleges.

Federal Judge Tanya Chutkan, presiding over the case, did not mince words during an emergency hearing on Saturday. Expressing deep skepticism about the administration’s motives, she remarked, “What you’re doing, what appears to be happening, is truly disingenuous.” She went on to say, “These are not speculative concerns. The concerns are real enough that the United States government agrees they shouldn’t be sent back to their home country.” Judge Chutkan ordered the government to file a declaration by 9 p.m. Eastern time, detailing what steps were being taken to ensure Ghana would not send the migrants to Nigeria, Gambia, or other countries where they might face persecution or torture.

The urgency of the situation was underscored by revelations that one of the five plaintiffs—a bisexual man from The Gambia—had already been sent back to his home country, despite a court order barring his deportation. According to his attorney, Lee Gelernt of the ACLU, the man is now in hiding, fearing for his life. The remaining four deportees have reportedly been told they could be returned to their home countries as early as Monday, September 15, in direct defiance of U.S. immigration court rulings that had granted them protection.

The Trump administration, for its part, has defended its actions, citing a recent Supreme Court decision that allows the government to send migrants to countries other than their origin, even if they have not had a chance to fully present claims of fear of torture or persecution. Justice Department lawyer Elianis Perez argued that Judge Chutkan had no authority to control how another country treats deportees once they leave U.S. custody, and that final orders of removal had been issued in all cases. The Department of Homeland Security, meanwhile, insisted that the migrants were not subjected to straitjackets during the flight and maintained that it was working with Ghana to ensure compliance with legal and humanitarian obligations.

Yet the optics and ethical concerns have triggered a firestorm on both sides of the Atlantic. In Ghana, opposition lawmakers have called for the immediate suspension of the deportation agreement with the U.S., arguing that the deal should have required approval by the National Assembly. “The deal risks our country being perceived as aligning itself with the U.S. government’s current immigration enforcement regime, one which has been criticized as harsh and discriminatory,” opposition leaders said in a statement on Friday.

Ghana’s President John Dramani Mahama, however, has publicly affirmed his administration’s commitment to the arrangement. At his first press conference since assuming office eight months ago, Mahama explained, “We were approached by the US to accept third-party nationals who were being removed from the US, and we agreed that West African nationals were acceptable because all our fellow West Africans don’t need a visa to come to Ghana.” He emphasized that Ghana, as a member of the Economic Community of West African States (ECOWAS), is bound by regional protocols allowing free movement of citizens among member states. “We cannot reject or turn away the deportees,” Mahama said, noting that as of September 14, a total of 14 deportees—including Nigerians and one Gambian—had arrived in Ghana. The government, he added, was facilitating their return to their respective home countries.

The broader context for these events is the Trump administration’s renewed push, since July 2025, to deport migrants to so-called “third countries” as a way to speed removals and pressure undocumented migrants to leave the U.S. voluntarily. This policy, which began with the small African nation of Eswatini, has drawn fierce criticism from human rights advocates, who argue that it effectively outsources America’s legal and moral responsibilities to other nations—often with scant oversight or accountability.

Legal experts say the case could set a significant precedent for how the U.S. handles migrants who have been granted protection from deportation under international conventions. “This appears to be a specific plan to make an end run around these obligations,” Judge Chutkan observed, referencing similar past cases—such as that of Kilmar Abrego Garcia, who was mistakenly deported to El Salvador in violation of court orders and eventually brought back to the U.S. only to face new removal proceedings.

For now, the fate of the four remaining migrants in Ghana hangs in the balance, as the U.S. government scrambles to comply with the court’s demands and international observers watch closely. The case has not only laid bare the complexities of modern migration policy but also the human cost of bureaucratic maneuvering and political brinkmanship. As the world waits for answers, the lives of these migrants remain in limbo—a stark reminder of the profound stakes in the ongoing global debate over borders, rights, and the meaning of sanctuary.

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