Washington, Sep 16 (AP) - A U.S. District Judge, Tanya Chutkan, expressed her inability to halt the transfer of four men held in Ghana's custody back to countries where U.S. immigration judges have determined they could face torture or persecution. This decision marks a significant win for the Trump administration.
In her ruling, Judge Chutkan noted that the administration seems to be bypassing the UN Convention Against Torture by relocating the West Africans to Ghana, claiming her "hands are tied." She articulated her concern, highlighting the "alarming and dismaying" manner in which these deportations were executed, given the government's willingness to transfer the plaintiffs to nations where they might endure persecution and torture.
The decision on Monday night by the federal court in Washington facilitates the deportation of 14 West Africans, including the four individuals referenced in the ruling. These individuals are reportedly heading to Nigeria and Gambia, despite U.S. immigration judges acknowledging their credible fear of persecution or torture.
Judge Chutkan's ruling cited this as another instance where the Trump administration circumvents deportation bans by exporting individuals and asserting that U.S. judges lack the authority to reverse such deportations. She distinguished this case from the case of Kilmar Abrego Garcia, a man mistakenly deported to a Salvadoran prison, by pointing out that, in this situation, the administration has the legal grounds to send the group to Ghana.
Lee Gelernt, from the American Civil Liberties Union, which contributed to the lawsuit, expressed dissatisfaction with the decision. He stated, "We are obviously disappointed by the ruling, but there's no reason why the administration should require a court to tell them to obey the laws prohibiting the transfer of individuals to countries where it's likely they will be tortured and persecuted."
The U.S. Department of Homeland Security has yet to respond to requests for comment.
Earlier on Monday, attorneys for the four men claimed they were still in Ghana, challenging statements from a Ghanaian official. Felix Kwakye Ofosu, Ghana's Minister for Government Communications, told the Associated Press that all 14 individuals, including 13 Nigerians and one Gambian, "have since left for their home countries."
Confronted with rulings preventing the deportation of individuals to their nations, the administration seeks to relocate them to third countries that have agreements to accept deportees.
Ghana, alongside Eswatini, Rwanda, and South Sudan, has received deported migrants under these relocation strategies. The lawsuit on behalf of some migrants detailed harsh conditions, claiming the migrants were restrained in “straitjackets” for 16 hours on the journey to Ghana and subsequently detained in “squalid conditions.” The legal action describes Ghana as doing the Trump administration's "dirty work."
Ghanaian Foreign Minister Samuel Okudzeto Ablakwa countered critiques, asserting that Ghana did not endorse U.S. President Donald Trump's immigration policies. He clarified that Ghana did not receive any financial remuneration from the U.S. regarding the deportations.
"We just could not continue to take the suffering of our fellow West Africans," the minister stated, adding, "For now, the strict understanding that we have with the Americans is that we are only going to take West Africans."
Nigeria's government reported it wasn't informed of its citizens being rerouted to Ghana, noting that Nigeria has accepted Nigerians deported directly from the U.S. "We have not rejected Nigerians deported to Nigeria. What we have only rejected is the deportation of other nationals into Nigeria," remarked Kimebi Imomotimi Ebienfa, a spokesperson for Nigeria's Ministry of Foreign Affairs. (AP) SKS SKS SKS
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