A federal lawsuit filed on Friday by four West African migrants, along with Asian Americans Advancing Justice (AAAJ), accused US immigration authorities of subjecting them to inhumane treatment during their deportation to Ghana in violation of US immigration law and judicial precedent.
According to the complaint, on September 5, five migrants—three from Nigeria and two from the Gambia—were taken from an ICE detention facility in Alexandria, Louisiana, loaded onto a US military cargo plane, and flown to Ghana.
The complaint stated that the plaintiffs had already been granted fear-based relief by immigration judges, meaning they were legally barred from removal to their countries of origin on account of risk of persecution or torture. Nonetheless, the lawsuit contends, the US effectively deported them via a “third country” scheme, using Ghana under what plaintiffs call a “transit hub” policy to circumvent such protections.
The passengers were not told where they were going, shackled, and only given bread and water, according to the lawsuit. Four of them were allegedly restrained in straitjackets for approximately 16 hours during the flight.
The lawsuit asked the court for an immediate halt to the plaintiffs’ removals to their countries of origin.
The Trump administration has administered deals with several African countries, including Eswatini, Rwanda, and Uganda, to accept migrant deportations regardless of connection to these countries. Such “third country deportations” were authorized following litigation in June after the Supreme Court allowed the practice.
Noah Baron, Assistant Director of Litigation at the AAAJ, told The Washington Post, “It reflects a very concerning pattern by the administration of removing people from the United States to countries that they had protection against returning to, and in which they—the administration—knows, or reasonably should know, that they will be in grave danger.”