A US federal judge has ordered the Trump administration to explain its actions following the deportation of migrants from the US to Ghana, where they now face imminent deportation to their home countries despite previous assurances of protection. Attorneys representing the migrants, who had initially received fear-based protections, filed an emergency lawsuit on Friday after at least one client was sent back to Gambia and forced into hiding due to his sexual orientation.
During a Saturday hearing, the attorneys argued that the migrants, currently detained in Ghana, are at risk of immediate deportation – possibly as early as Monday – by Ghanaian authorities after visits from representatives of their home countries. They urged the judge to intervene to prevent what they characterized as an end-run around US obligations to protect vulnerable individuals.
The government's legal team countered that the US lacks the authority to dictate policy to the Ghanaian government, despite the earlier assurances made that these migrants would not be deported to potentially dangerous situations. However, Judge Tanya Chutkan expressed strong skepticism towards this argument, noting a significant disconnect between the government's assurances and the Ghanaian government's subsequent actions. She questioned whether the situation appeared to be a deliberate circumvention of US legal obligations.
Judge Chutkan seemed particularly troubled by the Ghanaian government's apparent disregard for their prior assurances, questioning the government's statement that they lacked the authority to influence Ghana's actions. The government’s attorney acknowledged the frustrating situation, but maintained the court lacked standing to interfere in matters of foreign diplomacy.
The judge also considered the possibility of consolidating this case with a similar case in Massachusetts that deals with deportations to third countries, raising the possibility of a broader legal challenge to the practice. The migrants' attorney emphasized the urgency of the situation and cited the Kilmar Abrego Garcia case, where the Supreme Court had ruled that the court could order the government to facilitate a migrant's return from a third country. The attorney argued for the immediate return of these migrants to the US or, at minimum, a court order to prevent their deportation from Ghana.
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Originally published at: https://abcnews.go.com/US/attorneys-us-judge-prevent-removal-migrants-held-ghana/story?id=125543371
