Gambiaj.com – (Banjul, The Gambia) – Two Gambian nationals, alongside three Nigerians, have filed a lawsuit in Washington, D.C., contesting their forced removal from the United States and subsequent transfer to Ghana in a case that has drawn international attention to the Trump administration’s immigration policies.
The suit, lodged on Friday at the U.S. District Court for the District of Columbia by Asian Americans Advancing Justice (AAJC), names as defendants the U.S. Secretary of Homeland Security, the Acting Director of Immigration and Customs Enforcement (ICE), the Attorney General, and the Secretary of State.
Identified only as D.A., T.L., I.O., D.S., and K.S., the plaintiffs allege they were abruptly removed from a detention centre in Alexandria, Louisiana, on 5 September without notice of their destination.
They were then flown on a U.S. military cargo plane to Ghana, shackled and given only bread and water during a gruelling 16-hour flight. Some were reportedly kept in straitjackets throughout the journey.
According to their lawyers, the deportation violated immigration court protections that barred the individuals from being returned to their home countries due to fear of persecution or torture.
“Defendants know that they may not, consistent with U.S. immigration law, directly deport non-citizens to countries from which they have been granted fear-based protection,” the filing said. “As an end-run around this prohibition, defendants have enlisted the government of Ghana to do their dirty work.”
One of the Gambian plaintiffs, identified as bisexual, has already been sent to The Gambia and has reportedly gone into hiding. The four others remain detained at a Ghanaian military facility under harsh conditions.
U.S. District Judge Tanya Chutkan on Saturday criticized the Trump administration for what she described as a deliberate attempt to circumvent U.S. immigration laws by transferring the migrants to Ghana.
After an emergency hearing, she ordered the administration to explain by 9 p.m. EDT what measures were being taken to prevent Ghana from sending the individuals back to Nigeria or Gambia.
“These are not speculative concerns,” Judge Chutkan said. “The concerns are real enough that the United States government agrees they shouldn’t be sent back to their home country.”
The deportations come amid confirmation by Ghana’s President John Dramani Mahama that his government has reached an agreement with Washington to receive 14 deportees and help return them to their countries of origin.
The deal has sparked criticism in Accra, with opposition lawmakers questioning its legality and warning it could align Ghana with “harsh and discriminatory” U.S. immigration practices.
For The Gambia, the case underscores the precarious position of citizens caught in U.S. immigration enforcement, especially as the Trump administration expands agreements with third countries to expedite removals.
Rights advocates in Banjul say the case highlights the need for the Gambian government to ensure the safety of nationals returned under such conditions and to engage diplomatically with both Washington and Accra.
The plaintiffs are seeking an order for their return to the United States, citing protections under the U.S. Immigration and Nationality Act and the Convention Against Torture.
The U.S. Department of Justice has argued that it no longer has custody of the migrants and that the court cannot intervene in diplomatic matters. The Department of Homeland Security denied the use of straitjackets but did not address the legality of the transfers.
