U.S. Judge Squares Off with Administration Over Deportations to Ghana

Lead: A federal judge on Saturday accused the Trump administration of sidestepping U.S. court orders by deporting Nigerian and Gambian migrants to Ghana on Sept. 14, prompting an urgent hearing and a government filing deadline.

Nut Graf: The hearing spotlights a novel “third-country” removal strategy in which migrants with legal protections against return to home nations face transfer to Ghana-a move critics say undermines judicial rulings and risks sending vulnerable individuals into harm’s way.

Legal Challenge and Urgent Hearing U.S. District Judge Tanya Chutkan convened a late-Saturday session after attorneys for five migrants argued their clients were bound for Nigeria and Gambia despite prior immigration-judge protections. Chutkan ordered the administration to detail by 9 p.m. EDT how it has sought assurances that Ghana will not forward the migrants to countries where they face persecution.

Administration’s “End Run” Strategy The Justice Department told the court it no longer controls the deportees and lacks jurisdiction over Ghana’s actions, citing a recent Supreme Court ruling permitting transfers to non-home countries. Legal advocates counter that outsourcing removals through a willing third nation effectively nullifies U.S. protections.

Ghana’s Role and Presidential Agreement On Sept. 10, President John Dramani Mahama confirmed Ghana agreed to accept West African nationals deported from the United States and that 14 had already arrived, including Nigerians and one Gambian. He noted that ECOWAS rules allow visa-free entry for fellow West Africans, facilitating the new arrangement.

Humanitarian and Political Backlash Advocacy groups warn that some deportees arrived in Ghana shackled and without notice of destination, with one bisexual migrant already transferred onward to Gambia where same-sex relations are criminalized. In Ghana, opposition lawmakers called for parliamentary review of the bilateral agreement, arguing the executive bypassed constitutional oversight and risked Ghana’s sovereignty.

Broader Policy Implications These events mark an escalation in President Trump’s drive to deport undocumented migrants by leveraging third-country agreements. Eswatini, South Sudan and Rwanda have also accepted U.S. deportees this summer, reflecting a broader strategy to pressure migrants and deter irregular entry.

Next Steps Judge Chutkan’s deadline will test the administration’s ability to justify and document its efforts to prevent further onward removals. Should assurances prove insufficient, the court could consider injunctions to enforce U.S. immigration orders.

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