A civil rights group has filed a lawsuit accusing the U.S. government of using Ghana as a “transit hub” to secretly deport migrants, circumventing legal protections granted by American immigration judges.
The complaint, filed in the U.S. District Court for the District of Columbia by Asian Americans Advancing Justice, alleges that non-citizens who had been granted fear-based protection were unlawfully flown to Ghana and then expelled to their countries of origin, where they face persecution or torture.
The lawsuit claims this operation is a deliberate end-run around U.S. immigration law, which prohibits direct deportation to countries where migrants have been granted protection. The document states that “Defendants have enlisted the government of Ghana to do their dirty work.”
According to the court filings, the complaint was brought by five plaintiffs—nationals of Nigeria and The Gambia.
On September 5, they were removed from a detention facility in Louisiana and placed on a U.S. military cargo plane.
The journey, which lasted 16 hours, saw some of the migrants held in straitjackets. They were not informed of their destination until hours into the flight.
Upon arrival in Accra, Ghana, the plaintiffs were taken to a remote and “squalid” open-air detention camp known as Dema Camp, which was surrounded by armed guards.
The lawsuit alleges that they were never given the opportunity to raise fears of persecution in Ghana, a country that was never designated as a removal country during their legal proceedings in the United States.
One plaintiff, identified only as K.S., had been granted protection under the UN Convention Against Torture due to his sexuality. Despite this, he was deported from Ghana to The Gambia on September 10, where he is now in hiding, fearing for his life. The other four plaintiffs—D.A., T.L., I.O., and D.S.—remain in detention in Ghana and have been told they will be removed to their home countries.
The lawsuit names several high-ranking U.S. officials as defendants, including Homeland Security Secretary Kristi Noem, Acting ICE Director Todd Lyons, Attorney General Pamela Bondi, and Secretary of State Marco Rubio.
The plaintiffs’ legal argument rests on three main pillars: violations of the Immigration and Nationality Act, the Convention Against Torture, and their due process rights under the Fifth Amendment of the U.S. Constitution. They are seeking an order from Judge Tanya Chutkan to ensure their immediate return to the United States and to block any further removals.
Meanwhile, President John Dramani Mahama confirmed Ghana’s role in the operation this week, stating that the nation had accepted 14 deportees under a specific deal with Washington. He clarified that Ghana was only acting as a temporary transit point and not the final destination.
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