A federal judge has leveled serious accusations against the Trump administration, alleging a deliberate circumvention of legal protections afforded to asylum seekers. The accusations stem from the recent deportation of a group of African migrants to Ghana, several of whom now face imminent return to their home countries, where they fear persecution or torture.
Judge Tanya Chutkan issued a scathing order demanding the US government explain, by a strict deadline, the steps taken to prevent the deportees' repatriation to nations where they are at risk. The order follows a lawsuit alleging that the deportees were held in deplorable conditions in Ghana, guarded by armed military personnel in an open-air detention facility.
The situation highlights a controversial practice: the deportation of non-citizens to third countries. In this instance, over a dozen individuals from Gambia and Nigeria, among others, were deported to Ghana at the request of the Trump administration. This action, confirmed by the Ghanaian government, has drawn sharp criticism.
The crux of the legal challenge lies in the violation of international and US laws designed to protect individuals from persecution and torture. The deportees, shielded by the UN Convention Against Torture and US immigration law (withholding of removal), were barred from deportation to their home countries due to credible fears of persecution. However, this protection, unlike asylum, allows deportation to a third-party nation. The problem, according to the lawsuit, is Ghana's intention to return the deportees, thus rendering the initial deportation meaningless.
Legal representatives argued that despite these protections, four deportees have been informed of their impending return to their native countries. One case highlights the severity of the situation: a bisexual man from Gambia was reportedly already returned, despite the legal safeguards in place. The Justice Department conceded that Ghana's actions appear to breach diplomatic assurances but claimed an inability to directly control Ghana's actions. Judge Chutkan expressed deep frustration with this stance, labeling it as disingenuous and implying it was a deliberate attempt to circumvent legal protections.
While acknowledging potential limitations in her power due to the deportees' location outside US jurisdiction, Judge Chutkan pressed the government to address its obligations under international and domestic law. The ACLU, representing the deportees, hailed the judge's order, emphasizing the US government's responsibility even when individuals are outside its direct custody.
This incident underscores the broader context of the Trump administration's mass deportation campaign, involving agreements with multiple nations to accept deportees who are not their citizens. The accusations raise serious questions about the administration's commitment to international human rights standards and the legal frameworks meant to protect vulnerable populations.
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Originally published at: https://www.cbsnews.com/news/judge-says-u-s-trying-to-do-end-run-around-legal-protections-with-deportations-to-ghana/
