A federal judge in Washington criticized the Trump administration on Monday for its apparent disregard for court-ordered protections for migrants deported to Ghana, while also stating that she lacked jurisdiction to rule in their favor.
Judge Tanya S. Chutkan noted a “cavalier acceptance” of the potential torture and persecution these migrants may face upon returning to their home countries, as several are facing imminent deportation again. One migrant reported being beaten and tortured by police and soldiers in Nigeria, with threats on his life if he were to return.
Despite her concerns, Judge Chutkan ruled that she could not prevent the deportations because the migrants had already been sent to Ghana, placing them outside her legal jurisdiction.
This ruling represents a victory for the Trump administration and highlights how recent Supreme Court decisions have facilitated elements of the administration's mass deportation strategy.
The five plaintiffs in the case, whose identities were withheld due to fears of persecution, are citizens of Nigeria and Gambia. One individual, referred to as K.S., has already been deported from Ghana to Gambia, where he is currently in hiding. K.S. is bisexual, and Gambia imposes severe penalties for same-sex relationships.
The remaining four plaintiffs were still in Ghana as of early Tuesday and had been informed by officials that their deportations were imminent.
In her 16-page ruling, Judge Chutkan expressed that she did not make her decision lightly, stating she was “alarmed and dismayed” but felt her “hands are tied.”
The ruling concluded a rapid legal battle that began on Friday and continued through the weekend.
Lawyers for the five migrants had filed a lawsuit accusing the Trump administration of using an agreement with Ghana to facilitate deportations to their home countries, despite immigration judges determining that these individuals were likely to face persecution or death upon return.
During an emergency hearing, Judge Chutkan indicated her agreement with this assessment, describing the situation as a “very suspicious scheme.” However, she noted that the Supreme Court had previously blocked a lower court ruling in a similar case, advising the plaintiffs’ lawyers that there was little point in seeking decisions that would likely be stayed.
The Trump administration has established agreements with several African nations, including Rwanda, Uganda, Eswatini, and Ghana, to accept deported migrants, many of whom have no ties to these countries. Under pressure from President Trump to execute mass deportations, the administration has rapidly implemented these third-country deportations.
The Supreme Court has allowed the government to deport migrants to countries other than their own and has paused a federal judge's ruling that required migrants to demonstrate the risk of torture before deportation.
Justice Department lawyers acknowledged during the hearing that Ghana appeared to have violated the migrants' legal protections but argued that the U.S. government could not dictate Ghana's actions once the migrants were in its custody.
In sworn statements, the migrants reported being informed by U.S. and Ghanaian officials that they would be sent back to their home countries after arriving in Ghana, despite their protective orders.
They also described poor conditions during their deportations and at a remote detention facility in Ghana known as Dema Camp.
On September 5, the migrants were reportedly awakened at night, shackled, and placed on a military cargo plane without the opportunity to contact family or legal counsel, and in some cases, without identification documents. They claimed that some were placed in straitjackets for up to 16 hours during the flight, leading to severe physical difficulties for at least one plaintiff.
One plaintiff, D.A., a Nigerian citizen and member of the People’s Democratic Party, described being targeted for violent attacks in Nigeria. He recounted being tortured by military personnel and police officers, stating, “They tortured me and kept me locked in a dog cage for three days,” and expressed his fear of returning home.
“After this incident I had to leave Nigeria to save my life,” he concluded.