Civil Rights Groups Respond to Court’s Decision Allowing Refoulement of West African Immigrants
PRESS RELEASE
September 16, 2025
CONTACT:
James Woo, Asian Americans Advancing Justice – Atlanta, jwoo@advancingjustice-atlanta.org
Aleisha Flores, Asian Americans Advancing Justice – AAJC, 771-233-8202, aflores@advancingjustice-aajc.org
Christina Kugel, Grossman Young & Hammond, ckugel@grossmanyoung.com
Inga Sarda-Sorensen, American Civil Liberties Union, 347-514-3984, isarda-sorensen@aclu.org
WASHINGTON – Late last night, a federal court denied a request to block the removal of West African immigrants who were unlawfully detained and deported to Ghana – effectively allowing the United States and Ghanaian government to send them to situations of imminent danger (refoulement).
The decision stems from a lawsuit brought by Asian Americans Advancing Justice – Atlanta (Advancing Justice – Atlanta), Asian Americans Advancing Justice – AAJC (Advancing Justice – AAJC), with co-counsel from Grossman Young & Hammond (GYH). The American Civil Liberties Union (ACLU) Immigrants’ Rights Project has also joined the case.
The complaint, filed on September 12, challenges the U.S. government’s unlawful deportation of five Nigerian and Gambian immigrants to Ghana – a country to which they have no ties. Each had been granted protection from deportation by U.S. immigration judges who determined that they were likely to face persecution or torture if returned to their countries of origin.
The lawsuit charges that the U.S. government defied these orders of protection by detaining them in cruel conditions and deporting these immigrants to a third country in the dead of night. As of Monday night, they were being held in a military camp surrounded by armed guards and face imminent removal to the very countries from which they were granted protection.
In her ruling, Judge Tanya Chutkan opined that the court lacks the authority to block the U.S. and Ghanaian governments’ actions in this case.
The following are reactions to the ruling:
“U.S. and international law prohibit the return of individuals to states where they would face persecution or torture,” said Meredyth Yoon, litigation director at Asian Americans Advancing Justice – Atlanta. “The U.S. government may not escape its obligations by using third countries as so-called ‘transit hubs’ to deport people to danger through the back door. Notwithstanding the court’s order, we urge the State Department and the Department of Homeland Security to reverse course immediately and take all necessary steps to bring all those unlawfully deported to Ghana back to the U.S.”
“We are disappointed the court did not order the government to take steps to prevent these removals, but there’s no reason the Trump administration cannot, for the first time, do the humane thing on its own. Our government claims it got assurances that Ghana would not send people to torture. One would think the administration itself would want to enforce those assurances, if in fact it is telling the truth that Ghana is violating a commitment to our country," said ACLU attorney Lee Gelernt.
“The U.S. government’s deportation of our clients to Ghana, knowing that they would then be sent on to countries where they face torture, persecution, or death, is a violation of American law and international law. While it is disappointing that the Court refused to order the administration to rectify this wrong, the Court did make clear the egregiousness of the government’s underlying conduct. If this administration has a modicum of respect for the rule of law or human dignity, it will take immediate steps to return our clients. But if doing the right thing were at the forefront of this administration, this litigation would not have been necessary at all,” said Noah Baron, Assistant Director of Litigation at Asian Americans Advancing Justice – AAJC.
“We are disappointed that the court did not order the government to facilitate the return of our Plaintiffs to the United States, or at a minimum, to ask the Ghanaian government not to return them to countries where they fear persecution and torture. Despite news reports to the contrary, our Plaintiffs remain in Ghana and are at risk of imminent removal to their countries of origin, in violation of U.S. and international law. We ask the U.S. government to respect the orders of U.S. immigration judges, finding that our Plaintiffs could not be returned to their countries or origin, and intervene before any additional harm occurs,” said Gianna Borroto, Senior Attorney, Grossman Young & Hammond.
Advancing Justice – Atlanta, Advancing Justice – AAJC, GYH, and the ACLU maintain that the government’s actions violate their clients’ constitutional rights and basic human dignity. We demand that ICE and the State Department immediately facilitate our clients’ safe return to the U.S. and cease involuntary third-country deportations, particularly where such deportations may result in chain refoulement.
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Asian Americans Advancing Justice-Atlanta is a nonpartisan, nonprofit organization dedicated to protecting the civil rights of Asian Americans, Native Hawaiians and Pacific Islanders (AANHPI), and other marginalized communities in Georgia and the Southeast.
About Asian Americans Advancing Justice – AAJC
Asian Americans Advancing Justice – AAJC has a mission to advance the civil and human rights of Asian Americans and to build and promote a fair and equitable society for all.
About Grossman Young & Hammond LLC
Grossman Young & Hammond (GYH) is a full-service immigration and international human rights law firm based in Washington, D.C. The firm is nationally recognized for its expertise in employment-based immigration, asylum and humanitarian protection, removal defense, federal litigation, and complex immigration matters.
About the American Civil Liberties Union
The ACLU dares to create a more perfect union — beyond one person, party, or side. Our mission is to realize this promise of the United States Constitution for all and expand the reach of its guarantees.
