A federal judge on Saturday said it appeared the Trump administration was making an “end run” around U.S. court orders prohibiting five African immigrants to be deported to their home countries by sending them first to Ghana, which was poised to then relocate them to countries where they could face torture or death.
U.S. District Judge Tanya Chutkan ordered the government to detail Saturday night how it was trying to ensure Ghana would not send the immigrants elsewhere in violation of domestic court
orders. One of the plaintiffs has already been shipped from Ghana to his native Gambia, where a U.S. court found he could not be sent, Lee Gelernt of the ACLU told Chutkan.
Elianis Perez of the Department of Justice acknowledged that she told Chutkan in court on Friday that Ghana had pledged that wouldn't happen. But she argued that Chutkan had no power to control how another country treats deportees. She noted the U.S. Supreme Court this summer ruled the administration could continue sending immigrants to countries they are not from, even if they hadn't had a chance to raise fears of torture.
Gelernt, however, compared the case to that of Kilmar Abrego Garcia, who the Trump administration mistakenly deported to El Salvador despite a court order prohibiting it, then argued it couldn't get him back. After multiple courts directed the administration to “facilitate” his return, Abrego Garcia eventually came back to the U.S. where he is now fighting human trafficking charges and another Trump push to deport him.
“This appears to be a specific plan to make an end run around these obligations,” Chutkan said of the administration shipping the immigrants to Ghana. “What does the government intend to do? And please don’t tell me you don’t have any control over Ghana because I know that.”
Chutkan later issued an order giving the administration until 9 p.m. Eastern time to file a declaration detailing how they were trying to ensure the other immigrants weren't improperly sent to their home countries from Ghana.